(3) The contract (or renewal of a contract) is for the performance of a function under contract on ; or (4) The contract— (i) Is for the performance of firefighting functions; (ii) Is for a period of 1 year or less; and (iii) Covers only the performance of firefighting functions that, in the absence of the contract, would have to be performed by members of the armed forces who are not readily available to perform such functions by reason of a deployment. (b) Under Section 2907 of Pub. L. 103-160, this prohibition does not apply to services at installations being closed (see Subpart ). (c) Under Section 1010 of Pub. L. 107-56, this prohibition does not apply to any contract that-- (1) Is entered into during the period of time that armed forces are engaged in Operation Enduring Freedom or during the period 180 days thereafter; (2) Is for the performance of security functions at any military installation or facility in the ; (3) Is awarded to a proximately located local or State government, or a combination of such governments, whether or not any such government is obligated to provide such services to the general public without compensation; and (4) Prescribes standards for the training and other qualifications of local government law enforcement personnel who perform security functions under the contract in accordance with criteria established by the Secretary of the department concerned. (d)(1) Under Section 332 of Pub. L. 107-314, as amended by Section 333 of Pub. L. 109-364 and Section 343 of Pub. L. 110-181, this prohibition does not apply to any contract that is entered into for any increased performance of security-guard functions at a military installation or facility undertaken in response to the terrorist attacks on the on September 11, 2001, if-- (i) Without the contract, members of the Armed Forces are or would be used to perform the increased security-guard functions; (ii) The agency has determined that-- (A) Recruiting and training standards for the personnel who are to perform the security-guard functions are comparable to the recruiting and training standards for DoD personnel who perform the same security-guard functions; (B) Contractor personnel performing such functions will be effectively supervised, reviewed, and evaluated; and
(i) A clear explanation of the need for the contract; and (ii) An examination of at least two alternatives for fulfilling the requirements that the contract is meant to fulfill, including the following with respect to each alternative: (A) A rationale for including the alternative. (B) A cost estimate of the alternative and an analysis of the quality of each cost estimate. (C) A discussion of the benefits to be realized from the alternative. (D) A best value determination of each alternative and a detailed explanation of the life-cycle cost calculations used in the determination. (c) When reviewing requirements or participating in acquisition planning that would result in a military department or defense agency acquiring a military flight simulator, the contracting officer shall notify the program officials of the prohibition in paragraph (b) of this subsection. If the program officials decide to request a waiver from the Secretary of Defense under paragraph (b) of this subsection, the contracting officer shall follow the procedures at . 237.102-72 Contracts for management services. In accordance with Section 802 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181), DoD may award a contract for the acquisition of services the primary purpose of which is to perform acquisition support functions with respect to the development or production of a major system, only if— (a) The contract prohibits the contractor from performing inherently governmental functions; (b) The DoD organization responsible for the development or production of the major system ensures that Federal employees are responsible for determining— (1) Courses of action to be taken in the best interest of the Government; and (2) Best technical performance for the warfighter; and (c) The contract requires that the prime contractor for the contract may not advise or recommend the award of a contract or subcontract for the development or production of the major system to an entity owned in whole or in part by the prime contractor. 237.102-73 Prohibition on contracts for services of senior mentors. DoD is prohibited from entering into contracts for the services of senior mentors. See for references to DoD policy and implementation guidance. 237.102-74 Taxonomy for the acquisition of services, and supplies and equipment. See for further guidance on the taxonomy for the acquisition of services and the acquisition of supplies and equipment.