Overview
This section establishes the policy and requirements for contractors performing private security functions in designated areas of combat operations or other significant military operations outside the United States. It ensures that these contractors are held to specific standards of accountability, training, and coordination with military and diplomatic authorities as prescribed by 32 CFR part 159.
Key Rules
- Definition of Private Security Functions: Includes the guarding of personnel, facilities, or property, as well as any activity where personnel are required to carry weapons in the performance of their duties.
- Geographic Applicability: Applies specifically to areas designated by the Secretary of Defense as "areas of combat operations" or "other significant military operations" (the latter requiring agreement from the Secretary of State).
- Primary vs. Ancillary Functions: These rules apply whether the security functions are the primary purpose of the contract or are merely ancillary to other deliverables.
- Operational Compliance: Contractors must account for all weapons, register armored vehicles and helicopters, report all security-related incidents, and comply with the specific orders and instructions issued by Geographic Combatant Commanders or Chiefs of Mission.
- Remedies for Non-compliance: The government may mandate the removal of contractor personnel at the contractor’s expense, record failures in past performance databases, deny award fees, or pursue suspension and debarment for severe or repeated violations.
- Exemptions: The regulations do not apply to contracts for the intelligence community or temporary, non-affiliated indigenous personnel arrangements (though local laws still apply).
Practical Implications
- Broad Coverage: Contractors who are not "security firms" but have employees carrying weapons for self-defense or site protection in high-threat areas must still comply with these rigorous reporting and training requirements.
- Contractor Risk: Failure to manage security personnel properly can lead to immediate financial hits via award fee reductions and long-term business risk through negative past performance entries and potential debarment.