FAR 25.301-1—Scope.
Plain-English Summary
FAR 25.301-1 defines the scope of the overseas contractor-personnel rules tied to FAR 52.225-19, Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States. It tells contracting officers and contractors when the section applies to work performed outside the United States in designated operational areas during contingency operations, humanitarian or peacekeeping operations, and other military operations or exercises designated by the combatant commander. It also covers contractor support to diplomatic or consular missions when the post is designated by the Department of State as a danger pay post, or when the contracting officer independently determines the clause is appropriate. The section further explains that these operational areas may include stability operations such as establishing a safe and secure environment, emergency infrastructure reconstruction, humanitarian relief, and essential governmental services until local government can take over. Finally, it excludes personal services contracts unless agency procedures specifically say otherwise. In practice, this section is the gateway rule for deciding whether special overseas contractor-personnel protections, obligations, and clause flowdowns apply.
Key Rules
Applies outside the United States
This section only applies to contracts requiring contractor personnel to perform outside the United States. If the work is domestic, this scope provision does not apply.
Designated operational areas covered
The rule applies when contractor personnel work in a designated operational area during contingency operations, humanitarian or peacekeeping operations, or other military operations or exercises designated by the combatant commander.
Diplomatic mission support covered
The rule also applies when contractor personnel support a diplomatic or consular mission that is either designated by the Department of State as a danger pay post or identified by the contracting officer as a post where FAR 52.225-19 is appropriate.
Stability operations included
Operations within paragraph (a)(1) may include stability operations, such as restoring security, rebuilding emergency infrastructure, providing humanitarian relief, or delivering essential government services until local authorities can assume responsibility.
Personal services contracts excluded
The section does not apply to personal services contracts unless an agency’s procedures specifically provide otherwise. That means the clause and related requirements are not automatically used for those contracts.
Responsibilities
Contracting Officer
Determine whether the contract requires performance outside the United States in a covered operational area or at a covered diplomatic or consular mission, and decide whether FAR 52.225-19 is appropriate for a post not already designated as a danger pay post.
Contractor
Identify whether proposed or existing performance locations fall within the scope of this section and comply with the applicable clause and related overseas personnel requirements when the section applies.
Agency
Establish any agency-specific procedures that may extend or modify the treatment of personal services contracts under this section, if permitted by agency policy.
Combatant Commander
Designate other military operations or military exercises that bring an overseas operational area within the scope of this section.
Department of State
Designate diplomatic or consular posts as danger pay posts, which triggers application of this section for contractor support at those locations.
Practical Implications
This section is a threshold test: before inserting or enforcing FAR 52.225-19, the contracting officer must confirm the overseas location and the type of operation or mission support involved.
A common pitfall is assuming all overseas work is covered; the rule is narrower and depends on designated operational areas, danger pay posts, or a contracting officer determination for certain diplomatic/consular posts.
Contractors should verify where personnel will actually perform work, because a location can move into or out of scope based on operational designation or mission status.
Personal services contracts are generally outside this rule, so teams should not automatically apply these requirements without checking whether agency procedures create an exception.
Because stability operations are expressly included, work that looks like reconstruction, relief, or temporary government support may still fall within the section even if it is not a traditional combat support mission.
Official Regulatory Text
(a) This section applies to contracts requiring contractor personnel to perform outside the United States- (1) In a designated operational area during- (i) Contingency operations; (ii) Humanitarian or peacekeeping operations; or (iii) Other military operations or military exercises, when designated by the combatant commander; or (2) When supporting a diplomatic or consular mission- (i) That has been designated by the Department of State as a danger pay post (see https://aoprals.state.gov/ ); or (ii) That the contracting officer determines is a post at which application of the clause at FAR 52.225-19 , Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States, is appropriate. (b) Any of the types of operations listed in paragraph (a)(1) of this section may include stability operations such as- (1) Establishment or maintenance of a safe and secure environment; or (2) Provision of emergency infrastructure reconstruction, humanitarian relief, or essential governmental services (until feasible to transition to local government). (c) This section does not apply to personal services contracts (see FAR 37.104 ), unless specified otherwise in agency procedures.