Overview
This section outlines the statutory prohibition against the government contracting with organizations that provide quasi-military armed forces, based on the Pinkerton Act (5 U.S.C. 3108). It distinguishes these prohibited entities from standard private security, investigative, or protective services which remain allowable.
Key Rules
- The Prohibition: The government is prohibited from contracting with "Pinkerton Detective Agencies or similar organizations" or their employees.
- Definition of Restricted Entities: The restriction applies specifically to organizations that offer "quasi-military armed forces for hire," regardless of the specific nature of the contract.
- Exclusions from the Prohibition: An organization is not considered a quasi-military armed force simply because:
- It provides guard or protective services.
- The guards it employs are armed.
- It provides general investigative or detective services.
- Legal Precedent: This interpretation is supported by the Government Accountability Office (formerly Comptroller General) decision 57 Comp. Gen. 524.
Practical Implications
- Contracting officers can legally procure armed security and guard services for federal facilities without violating the Pinkerton Act, provided the firm does not function as a private militia.
- When evaluating security contractors, the focus is on the organizational structure and the nature of the force provided rather than the mere possession of firearms or investigative capabilities.