Overview
FAR Subpart 25.3 establishes the regulatory framework for contractors performing work outside the United States in high-risk environments, specifically in designated military operational areas or supporting diplomatic missions. It focuses on ensuring personnel accountability, defining the limits of government support, and providing strict oversight for private security functions in areas of combat or significant military operations.
Key Rules
- Applicability: Applies to contracts in designated operational areas (contingency, humanitarian, or peacekeeping operations) and diplomatic missions designated as "danger pay posts" by the Department of State.
- Self-Sufficiency: Contractors are generally responsible for providing their own logistical and security support. Government support is only provided if it is essential, unavailable elsewhere at a reasonable cost, and specifically cited in the contract.
- Weapons Authorization: Contractor personnel are not permitted to carry weapons unless specifically authorized by the Contracting Officer, following the policies of the relevant Combatant Commander or Chief of Mission.
- Private Security Functions (PSF): Contractors performing PSF (guarding property/personnel or carrying weapons) must comply with 32 CFR part 159, which includes registering armored vehicles/helicopters and reporting all incidents involving the use of force.
- Mandatory Clauses:
- FAR 52.225-19: Used for general contractor personnel in operational areas or diplomatic missions.
- FAR 52.225-26: Used specifically for contractors performing private security functions.
- Remedies for Non-compliance: The government has the right to direct the immediate removal of contractor personnel, reduce or deny award fees, and record failures in past performance databases. Severe violations may lead to suspension or debarment.
Responsibilities
- Contracting Officers (CO):
- Determines if the contract falls under the scope of this subpart.
- Specifies the exact nature of any government-provided support and whether it is reimbursable.
- Authorizes weapons usage based on agency and theater policy.
- Documents performance failures and refers severe cases to debarring officials.
- Contractors:
- Ensure all personnel are aware of and comply with local orders, directives, and instructions.
- Maintain accurate personnel records and account for all weapons.
- Register and identify tactical equipment (e.g., armored vehicles).
- Cooperate fully with government investigations into security incidents.
- Combatant Commanders / Chiefs of Mission:
- Establish weapons policies and provide operational guidance for their specific Area of Responsibility (AOR).
- Designate specific operational environments that trigger these regulations.
Practical Implications
- Cost Accounting: Contractors must carefully bid for these contracts, as the default assumption is that the contractor bears the full cost of logistics and security unless the contract explicitly states otherwise.
- Operational Risk: Performing private security functions carries significant administrative and legal overhead. The requirement to report "specified incidents" and cooperate with investigations means contractors must have robust internal oversight and legal counsel familiar with international law and 32 CFR part 159.
- Subcontractor Oversight: Prime contractors are held accountable for the actions of their subcontractors. A violation by a security subcontractor in a combat zone can lead to the termination of the prime contract or damage to the prime’s past performance rating.
- Inter-agency Coordination: Non-DoD contractors (e.g., USAID or State Dept contractors) must be prepared to follow DoD-issued guidance and procedures if they are operating in an area of combat operations designated by the Secretary of Defense.