FAR 25.301-4—Contract clause.
Plain-English Summary
FAR 25.301-4 tells contracting officers when they must include FAR 52.225-19, Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States, in solicitations and contracts. The section applies to contracts other than personal service contracts with individuals when contractor personnel will perform work outside the United States in a designated operational area during contingency operations, humanitarian or peacekeeping operations, or other military operations or exercises designated by the combatant commander. It also applies when contractor personnel will support a diplomatic or consular mission outside the United States if the mission is a Department of State danger pay post or if the contracting officer determines the clause is appropriate for that post. In practice, this rule is about ensuring contractors working in higher-risk overseas environments are subject to the special terms in the clause, which address operational, security, and administrative requirements. The section helps agencies place the clause consistently and gives contractors advance notice that their personnel may be working under elevated risk and mission-specific obligations.
Key Rules
Insert the clause when covered
The contracting officer must include FAR 52.225-19 in solicitations and contracts that meet the conditions in this section. The clause is mandatory when the contract requires contractor personnel to perform outside the United States in the specified operational or diplomatic mission settings.
Applies outside the United States
This section is triggered only when contractor personnel will perform work outside the United States. Domestic performance does not fall under this clause requirement.
Covers designated operational areas
The clause applies for work in a designated operational area during contingency operations, humanitarian or peacekeeping operations, and other military operations or exercises when the combatant commander has designated them for this purpose.
Covers certain diplomatic missions
The clause also applies when contractor personnel support a diplomatic or consular mission outside the United States that has been designated by the Department of State as a danger pay post, or when the contracting officer determines the clause is appropriate for that post.
Excludes personal service contracts
The clause is not inserted in personal service contracts with individuals. That exclusion means the contracting officer must first determine whether the contract is a personal service contract before applying this section.
CO judgment for some posts
For diplomatic or consular missions that are not already designated as danger pay posts, the contracting officer has discretion to decide whether application of FAR 52.225-19 is appropriate based on the circumstances of the post and the work.
Responsibilities
Contracting Officer
Determine whether the solicitation or contract involves contractor personnel performing outside the United States in one of the covered operational or diplomatic mission settings. Insert FAR 52.225-19 when the conditions are met, and decide whether the clause is appropriate for a diplomatic or consular post that is not formally designated as a danger pay post.
Agency
Identify overseas mission requirements early so acquisition planning accounts for the clause and any related operational, security, or administrative needs. Ensure requirements documents and contract files support the decision to include or omit the clause.
Contractor
Review the solicitation and contract to understand whether personnel will be working in a covered overseas environment and comply with the obligations imposed by FAR 52.225-19 if it is included. Plan for mission-specific requirements, personnel management, and any operational constraints associated with the overseas location.
Practical Implications
This clause decision should be made during acquisition planning, not after award, because it affects pricing, staffing, travel, risk, and compliance obligations.
A common pitfall is overlooking support work that is not in a combat zone but still occurs at a diplomatic or consular mission overseas; the clause may still apply.
Another frequent mistake is assuming the clause is limited to contingency operations; it also reaches humanitarian, peacekeeping, and certain other military operations or exercises, as well as qualifying diplomatic posts.
Contracting officers should document why the clause is included or excluded, especially when relying on discretion for a diplomatic or consular mission that is not a danger pay post.
Contractors should verify whether their personnel are covered before mobilizing overseas staff, because the clause can affect employee conduct, coordination with the government, and performance expectations in higher-risk environments.
Official Regulatory Text
Insert the clause at 52.225-19 , Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States, in solicitations and contracts, other than personal service contracts with individuals, that will require contractor personnel to perform outside the United States— (a) In a designated operational area during– (1) Contingency operations; (2) Humanitarian or peacekeeping operations; or (3) Other military operations or military exercises, when designated by the combatant commander; or (b) When supporting a diplomatic or consular mission– (1) That has been designated by the Department of State as a danger pay post (see https://aoprals.state.gov/ ); or (2) That the contracting officer determines is a post at which application of the clause FAR 52.225-19 , Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States, is appropriate.