FAR 25.302-4—Policy.
Plain-English Summary
FAR 25.302-4 explains the policy framework for private security functions performed by contractor personnel in designated overseas areas, especially contingency operations and other significant military operations. It points readers to 32 CFR part 159, which is the primary source for policy on policy, responsibilities, procedures, accountability, training, equipping, and conduct of private security contractors operating in those environments. The section also highlights specific contractor duties such as ensuring employees know and follow applicable orders, directives, and instructions; maintaining personnel records; accounting for weapons; registering and identifying armored vehicles, helicopters, and other military vehicles; and reporting specified incidents involving personnel performing private security functions. It further requires contractors to fully cooperate with Government-authorized investigations by providing access to employees and relevant information. Finally, it explains how implementing guidance is issued: geographic combatant commanders provide guidance for DoD contractors, while the Chief of Mission provides instructions for non-DoD contractors in designated areas, consistent with combatant commander standards and, where authorized, may direct non-DoD contractors to follow combatant commander or subordinate/joint force commander guidance. In practice, this section matters because it establishes who controls operational rules in the field, what contractors must document and report, and how contractor security operations are integrated into U.S. Government command and oversight structures.
Key Rules
32 CFR Part 159 Controls
The core policy for private security functions in designated areas is found in 32 CFR part 159, not just in the FAR. Contractors and agencies must look to that regulation for detailed requirements on responsibilities, procedures, accountability, training, equipping, and conduct.
Employee Compliance Required
Contractors must ensure employees are aware of, and comply with, relevant orders, directives, and instructions. This is an affirmative management duty, not a passive expectation, and it applies to personnel performing private security functions.
Records, Weapons, and Vehicle Accountability
Contractors must keep appropriate personnel records and account for weapons. They must also register and identify armored vehicles, helicopters, and other military vehicles used in the performance of private security functions.
Incident Reporting Obligation
Contractors must report specified incidents involving personnel performing private security functions under the contract. These reporting duties are tied to the clause at FAR 52.225-26 and are a key part of Government oversight and accountability.
Mandatory Cooperation with Investigations
Contractors must fully cooperate with any Government-authorized investigation into reported incidents by providing access to employees and relevant information in the contractor’s possession. This includes both personnel access and documentary or other evidence related to the incident.
Combatant Commander Guidance for DoD Contractors
Geographic combatant commanders provide DoD contractors performing private security functions with guidance and procedures tailored to the operational environment in their area of responsibility. Contractors must follow the theater-specific rules issued for that area.
Chief of Mission Guidance for Non-DoD Contractors
In designated combat or significant military operation areas, and only under the required interagency approvals, the Chief of Mission provides implementing instructions for non-DoD contractors consistent with combatant commander standards. The Chief of Mission may also direct non-DoD contractors to follow combatant commander or subordinate/joint force commander guidance when authorized and properly noticed.
Responsibilities
Contractor
Ensure employees performing private security functions know and comply with applicable orders, directives, and instructions; maintain appropriate personnel records; account for weapons; register and identify armored vehicles, helicopters, and other military vehicles; report specified incidents; and fully cooperate with Government-authorized investigations by providing access to employees and relevant information.
Employees Performing Private Security Functions
Follow the applicable orders, directives, instructions, and theater-specific guidance issued for the operational environment; comply with reporting, accountability, and conduct requirements imposed by the contract and governing regulations.
Geographic Combatant Commander
Provide DoD contractors performing private security functions with guidance and procedures appropriate to the operational environment in the area of responsibility, including any subordinate or joint force commander guidance when authorized.
Chief of Mission
For non-DoD contractors in designated areas of combat operations or other significant military operations, issue implementing instructions consistent with combatant commander standards; where authorized, direct non-DoD contractors to follow combatant commander or subordinate/joint force commander guidance and ensure notice of that authorization is provided to non-DoD agencies.
Government-Authorized Investigators
Conduct investigations into reported incidents and obtain contractor cooperation, including access to employees and relevant information needed to examine the incident.
Contracting Officer / Agency
Include and enforce the applicable contract clause and ensure the contractor understands the governing framework, including the need to follow 32 CFR part 159 and theater-specific instructions.
Practical Implications
Contractors operating private security functions overseas need more than a contract clause; they must build a compliance system for training, records, weapons accountability, vehicle registration, and incident reporting.
A common pitfall is assuming one set of rules applies everywhere. In practice, the controlling instructions may come from the geographic combatant commander, the Chief of Mission, or both, depending on whether the contractor is DoD or non-DoD and where the work is performed.
Failure to keep accurate personnel and weapons records can create immediate operational and legal problems, especially after an incident when the Government needs to verify who was present, what equipment was used, and what actions were taken.
Contractors should expect broad cooperation obligations during investigations. Refusing access to personnel or withholding relevant information can be treated as noncompliance even if the contractor believes the incident is minor or already resolved.
Because the section ties directly to 52.225-26 and 32 CFR part 159, contractors should review the clause, the regulation, and the theater guidance together rather than relying on the FAR text alone.
Official Regulatory Text
(a) General. (1) The policy, responsibilities, procedures, accountability, training, equipping, and conduct of personnel performing private security functions in designated areas are addressed at 32 CFR part 159 , entitled "Private Security Contractors Operating in Contingency Operations". Contractor responsibilities include ensuring that employees are aware of, and comply with, relevant orders, directives, and instructions; keeping appropriate personnel records; accounting for weapons; registering and identifying armored vehicles, helicopters, and other military vehicles; and reporting specified incidents in which personnel performing private security functions under a contract are involved. (2) In addition, contractors are required to fully cooperate with any Government-authorized investigation into incidents reported pursuant to paragraph (c)(3) of the clause at 52.225-26 , Contractors Performing Private Security Functions Outside the United States, by providing access to employees performing private security functions and relevant information in the possession of the contractor regarding the incident concerned. (b) Implementing guidance. In accordance with 32 CFR part 159 - (1) Geographic combatant commanders will provide DoD contractors performing private security functions with guidance and procedures for the operational environment in their area of responsibility; and (2) In a designated area of combat operations, or areas of other significant military operations, as designated by the Secretary of Defense and only upon agreement of the Secretary of Defense and the Secretary of State, the relevant Chief of Mission will provide implementing instructions for non-DoD contractors performing private security functions and their personnel consistent with the standards set forth by the geographic combatant commander. In accordance with 32 CFR 159.4(c) , the Chief of Mission has the option of instructing non-DoD contractors performing private security functions and their personnel to follow the guidance and procedures of the geographic combatant commander and/or a sub-unified commander or joint force commander where specifically authorized by the combatant commander to do so and notice of that authorization is provided to non-DoD agencies.