SUBPART 237.74--SERVICES AT INSTALLATIONS BEING CLOSED

 

 

 237.7400 Scope.
 237.7401 Policy.
 237.7402 Contract clause.


237.7400  Scope.

This subpart prescribes procedures for contracting, through use of other than full and open competition, with local governments for police, fire protection, airfield operation, or other community services at military installations to be closed under the Defense Authorization Amendments and Base Closure and Realignment Act (Pub. L. 100-526), as amended, and the Defense Base Closure and Realignment Act of 1990 (Pub. L. 101-510), as amended.

 

237.7401  Policy.

The authority in 206.302-5(b)(ii) to contract with local governments—

 

      (a)  May be exercised without regard to the provisions of 10 U.S.C. Chapter 146, Contracting for Performance of Civilian Commercial or Industrial Type Functions;

 

      (b)  May not be exercised earlier than 180 days before the date the installation is scheduled to be closed;

 

      (c)  Requires a determination by the head of the contracting activity that the services being acquired under contract with the local government are in the best interests of the Department of Defense. 

 

      (d)  Includes the requirement of Subpart 222.71, Right of First Refusal of Employment, unless it conflicts with the local government’s civil service selection procedures.

 

237.7402  Contract clause.

Use the clause at 252.237-7022, Services at Installations Being Closed, in solicitations and contracts based upon the authority of this subpart.