PGI 237.102-70

This PGI section supplements: DFARS 237.102-70 · FAR 37.102-70

The corresponding FAR Part 37 and DFARS Part 237 have been overhauled under the RFO. PGI replacement text is provided in the RFO deviation attachment. View FAR Part 37

Current Content

(a) Under 10 U.S.C. 2465, the DoD is prohibited from entering into contracts for the performance of firefighting or security-guard functions at any military installation or facility unless—

(1) The contract is to be carried out at a location outside the United States and its outlying areas at which members of the armed forces would have to be used for the performance of firefighting or security-guard functions at the expense of unit readiness;

(2) The contract will be carried out on a Government-owned but privately operated installation;

(3) The contract (or renewal of a contract) is for the performance of a function under contract on September 24, 1983; 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 237.74).

(c)(1) Under section 332 of Public Law 107-314, as amended by section 333 of Public Law 109-364 and section 343 of Public Law 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 United States 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

(iii) Contract performance will not extend beyond September 30, 2012; and

(iv) The total number of personnel employed to perform security-guard functions under all contracts entered into pursuant to this authority does not exceed the following limitations:

(A) For fiscal year 2007, the total number of such personnel employed under such contracts on October 1, 2006.

(B) For fiscal year 2008, the number equal to 90 percent of the total number of such personnel employed under such contracts on October 1, 2006.

(C) For fiscal year 2009, the number equal to 80 percent of the total number of such personnel employed under such contracts on October 1, 2006.

(D) For fiscal year 2010, the number equal to 70 percent of the total number of such personnel employed under such contracts on October 1, 2006.

(E) For fiscal year 2011, the number equal to 60 percent of the total number of such personnel employed under such contracts on October 1, 2006.

(F) For fiscal year 2012, the number equal to 50 percent of the total number of such personnel employed under such contracts on October 1, 2006.

(2) Follow the procedures at PGI 237.102-70 (c) to ensure that the personnel limitations specified in paragraph (c)(1)(iv) of this subsection are not exceeded.

Change History

Detected	Type	Summary
detected 2026-04-17	[PGI] PGI_MODIFIED	PGI 237.102-70 updated: 15 lines added, 3 lines removed
View diff --- previous +++ current @@ -1,3 +1,15 @@ -(c)(i) To ensure that the personnel limitations in DFARS 237.102-70(c)(1)(iv) are not exceeded, there is an office of primary responsibility (OPR) within each department or agency that is responsible for managing the total number of security-guard personnel on contract for the department or agency. -(ii) Before finalizing a contract action that affects the number of security-guard personnel on contract, the contracting officer shall request, from the requiring activity, evidence of the OPR's approval for the contract action. This requirement also applies to renewal or exercise of options for the same number of security-guard personnel, to ensure compliance with the statutory limitations/reductions specified for each fiscal year. -(iii) If the evidence of approval is not provided by the requiring activity, the contracting officer shall directly contact the applicable OPR for approval before finalizing the contract action. OPRs are as follows: (A) U.S. Army: HQ Department of the Army Office of the Provost Marshal General 2800 Army Pentagon Washington, DC 20310 Phone: 703-695-4210 or 703-614-2597. (B) U.S. Navy: Commander, Navy Installations Command (CNIC) N3 2715 Mitscher Road, Suite 300 Anacostia Annex Washington, DC 20373 Phone: 202-409-4053. (C) U.S. Marine Corps: HQ U.S. Marine Corps Assistant Deputy Commandant, Plans, Policy, & Operations (Security) 3000 Marine Corps Pentagon Washington, DC 20350 Phone: 571-201-3633. (D) U.S. Air Force: HQ Air Force Directorate of Security Forces Programs & Resources Division (A7SX) 1340 AF Pentagon Washington, DC 20330 Phone: 703-588-0027 or 703-588-0012. (E) Pentagon Force Protection Agency: Pentagon Force Protection Agency 9000 Defense Pentagon Washington, DC 20301 Phone: 703-693-3685.+(a) Under 10 U.S.C. 2465, the DoD is prohibited from entering into contracts for the performance of firefighting or security-guard functions at any military installation or facility unless-- +(1) The contract is to be carried out at a location outside the United States and its outlying areas at which members of the armed forces would have to be used for the performance of firefighting or security-guard functions at the expense of unit readiness; +(2) The contract will be carried out on a Government-owned but privately operated installation; +(3) The contract (or renewal of a contract) is for the performance of a function under contract on September 24, 1983; 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 237.74). (c)(1) Under section 332 of Public Law 107-314, as amended by section 333 of Public Law 109-364 and section 343 of Public Law 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 United States 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 (C) Performance of such functions will not result in a reduction in the security of the installation or facility; +(iii) Contract performance will not extend beyond September 30, 2012; and +(iv) The total number of personnel employed to perform security-guard functions under all contracts entered into pursuant to this authority does not exceed the following limitations: (A) For fiscal year 2007, the total number of such personnel employed under such contracts on October 1, 2006. (B) For fiscal year 2008, the number equal to 90 percent of the total number of such personnel employed under such contracts on October 1, 2006. (C) For fiscal year 2009, the number equal to 80 percent of the total number of such personnel employed under such contracts on October 1, 2006. (D) For fiscal year 2010, the number equal to 70 percent of the total number of such personnel employed under such contracts on October 1, 2006. (E) For fiscal year 2011, the number equal to 60 percent of the total number of such personnel employed under such contracts on October 1, 2006. (F) For fiscal year 2012, the number equal to 50 percent of the total number of such personnel employed under such contracts on October 1, 2006. +(2) Follow the procedures at PGI 237.102-70 +(c) to ensure that the personnel limitations specified in paragraph (c)(1)(iv) of this subsection are not exceeded.

Detected

Type

Summary

detected 2026-04-17

[PGI] PGI_MODIFIED

PGI 237.102-70 updated: 15 lines added, 3 lines removed

View diff

--- previous
+++ current
@@ -1,3 +1,15 @@
-(c)(i) To ensure that the personnel limitations in DFARS 237.102-70(c)(1)(iv) are not exceeded, there is an office of primary responsibility (OPR) within each department or agency that is responsible for managing the total number of security-guard personnel on contract for the department or agency.
-(ii) Before finalizing a contract action that affects the number of security-guard personnel on contract, the contracting officer shall request, from the requiring activity, evidence of the OPR's approval for the contract action. This requirement also applies to renewal or exercise of options for the same number of security-guard personnel, to ensure compliance with the statutory limitations/reductions specified for each fiscal year.
-(iii) If the evidence of approval is not provided by the requiring activity, the contracting officer shall directly contact the applicable OPR for approval before finalizing the contract action. OPRs are as follows: (A) U.S. Army: HQ Department of the Army Office of the Provost Marshal General 2800 Army Pentagon Washington, DC 20310 Phone: 703-695-4210 or 703-614-2597. (B) U.S. Navy: Commander, Navy Installations Command (CNIC) N3 2715 Mitscher Road, Suite 300 Anacostia Annex Washington, DC 20373 Phone: 202-409-4053. (C) U.S. Marine Corps: HQ U.S. Marine Corps Assistant Deputy Commandant, Plans, Policy, & Operations (Security) 3000 Marine Corps Pentagon Washington, DC 20350 Phone: 571-201-3633. (D) U.S. Air Force: HQ Air Force Directorate of Security Forces Programs & Resources Division (A7SX) 1340 AF Pentagon Washington, DC 20330 Phone: 703-588-0027 or 703-588-0012. (E) Pentagon Force Protection Agency: Pentagon Force Protection Agency 9000 Defense Pentagon Washington, DC 20301 Phone: 703-693-3685.+(a) Under 10 U.S.C. 2465, the DoD is prohibited from entering into contracts for the performance of firefighting or security-guard functions at any military installation or facility unless--
+(1) The contract is to be carried out at a location outside the United States and its outlying areas at which members of the armed forces would have to be used for the performance of firefighting or security-guard functions at the expense of unit readiness;
+(2) The contract will be carried out on a Government-owned but privately operated installation;
+(3) The contract (or renewal of a contract) is for the performance of a function under contract on September 24, 1983; 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 237.74). (c)(1) Under section 332 of Public Law 107-314, as amended by section 333 of Public Law 109-364 and section 343 of Public Law 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 United States 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 (C) Performance of such functions will not result in a reduction in the security of the installation or facility;
+(iii) Contract performance will not extend beyond September 30, 2012; and
+(iv) The total number of personnel employed to perform security-guard functions under all contracts entered into pursuant to this authority does not exceed the following limitations: (A) For fiscal year 2007, the total number of such personnel employed under such contracts on October 1, 2006. (B) For fiscal year 2008, the number equal to 90 percent of the total number of such personnel employed under such contracts on October 1, 2006. (C) For fiscal year 2009, the number equal to 80 percent of the total number of such personnel employed under such contracts on October 1, 2006. (D) For fiscal year 2010, the number equal to 70 percent of the total number of such personnel employed under such contracts on October 1, 2006. (E) For fiscal year 2011, the number equal to 60 percent of the total number of such personnel employed under such contracts on October 1, 2006. (F) For fiscal year 2012, the number equal to 50 percent of the total number of such personnel employed under such contracts on October 1, 2006.
+(2) Follow the procedures at PGI 237.102-70
+(c) to ensure that the personnel limitations specified in paragraph (c)(1)(iv) of this subsection are not exceeded.

Sources: Search on acquisition.gov · View on acq.osd.mil

PGI 237.102-70: Prohibition on contracting for firefighting or security-guard functions.

Current Content

Change History