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    Are there specific FAR/DFAR references that I can utilize? Are there restrictions to have a prime contractor sub to a government entity?


    Answer

    Great question.  As long as the offsite location is not a military installation then you are authorized to contract for fire support services.

    The DFARS [see DFARS 206.302-5(b)(ii) and it’s link to DFARS 237.7401] limits the ability for installations to procure fire protection services from local governments only if the military installation is being closed.  This prohibition is also listed in DoDI 6055.06 DoD Fire and Emergency Services (F&Es) Program.  Another good reference is DOD Manual 6055.06.  Unfortunately there is not a DoD Directive, Instruction, or Manual for contracting with local governments in the U.S.  You’ll see below it is practically identical to any other contract with the exception of some of the typical provisions and clauses you will require.

    You have a couple of options.  If this is a temporary requirement then your action probably falls below the simplified acquisition threshold and maybe a BPA or a purchase order would work.  See the requirements at FAR 13.106-1(b) if soliciting from a single source (the local fire department or government agency authorized to enter into the contract for them).  If not using simplified acquisition procedures then you will most likely have to use the justification found at FAR 6.302-1 for your justification for other than full and open competition.  As you start to develop your solicitation; you will see that clause logic will indicate that many of the labor related and other associated provisions and clauses are not required when contracting with a state or local government.  A good search term to use when searching the FAR and DFARS is “contract with” AND “local government”; you’ll get approximately 30 hits.

    If a longer period is required; then maybe a “Mutual Aid Agreement” (MAA) can be done with your agency and the local government.  You will have to get your customer and legal counsel involved in that action as it is not a contracting function.  DoDI 6055.06 has the guidance and information needed to see if an MAA could be initiated.

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