Overview
This section establishes the regulatory framework and requirements for contractor personnel performing work outside the United States in high-risk environments, including designated military operational areas and specific diplomatic or consular missions. It defines the scope of these operations and mandates the inclusion of specific contract clauses to manage logistics, security, and personnel conduct in these areas.
Key Rules
- Applicability: The rules apply to performance in designated operational areas (contingency, humanitarian, peacekeeping, or specific military operations) and diplomatic missions designated as "danger pay posts" or as determined by the Contracting Officer.
- Stability Operations: The scope includes stability operations such as maintaining a secure environment, infrastructure reconstruction, and providing essential governmental services.
- Exclusions: These regulations generally do not apply to personal services contracts unless agency procedures state otherwise.
- Logistical and Security Support: Contractors are primarily responsible for their own support. Government support is only provided if it is essential, available, and the contractor cannot obtain it elsewhere at a reasonable cost.
- Contract Documentation: Any government-provided support (and whether it is reimbursable) must be explicitly specified in the contract and, if possible, the solicitation.
- Weapons Authorization: Contractor personnel are only permitted to carry weapons if authorized by the relevant agency, combatant commander, or chief of mission, following specific agency procedures.
- Mandatory Clause: Contracting Officers must insert the clause at FAR 52.225-19 in all applicable non-personal services contracts meeting the criteria for these overseas missions.
Practical Implications
- Self-Sufficiency Requirement: Contractors must factor the high cost and logistical complexity of private security and life support into their proposals, as government support is the exception rather than the rule.
- Risk Management: Contracting Officers must proactively monitor Department of State "danger pay" designations to ensure the correct legal protections and requirements are incorporated into the contract via FAR 52.225-19.