FAR 25.302-5—Remedies.
Plain-English Summary
FAR 25.302-5 explains the Government’s remedies when a contractor or subcontractor fails to comply with the requirements governing private security functions. It covers four main subjects: the contracting officer’s authority to require removal and replacement of noncompliant personnel at the contractor’s expense, the requirement to record the failure in past performance databases and consider it in responsibility and past performance evaluations, special consequences for award-fee contracts, and referral to the suspending and debarring official when failures are severe, prolonged, or repeated. The section exists to give the Government practical enforcement tools beyond ordinary contract remedies and to protect mission performance, security, and accountability when private security personnel do not meet required standards. In practice, it means noncompliance can affect staffing, performance ratings, fee payments, future source selections, and even a contractor’s eligibility for future awards. The remedies are cumulative, not exclusive, so the Government may use them alongside other contract remedies such as termination for default. Contractors should treat compliance failures as serious performance issues, not isolated personnel matters, because the consequences can extend well beyond the immediate contract.
Key Rules
Remove noncompliant personnel
The contracting officer may direct the contractor to remove and replace any contractor or subcontractor personnel performing private security functions who fail to comply with or violate applicable requirements. The contractor must bear the expense of that removal and replacement.
Remedies are cumulative
This personnel-removal remedy is available at the Government’s discretion and does not limit other rights or remedies under the contract, including termination for default or other enforcement actions.
Record past performance impact
The contracting officer must document the contractor’s failure to comply in the appropriate past performance databases and consider the failure in responsibility determinations and past performance evaluations.
Award-fee consequences apply
For award-fee contracts, the contracting officer must consider the noncompliance in the relevant evaluation period and may reduce, deny, or recover award fees for that period based on the failure.
Refer serious cases for suspension or debarment
If the performance failures are severe, prolonged, or repeated, the contracting officer must refer the matter to the appropriate suspending and debarring official for possible exclusion action.
Responsibilities
Contracting Officer
May order removal and replacement of noncompliant contractor or subcontractor personnel performing private security functions; must record the failure in appropriate past performance databases; must consider the failure in responsibility determinations and past performance evaluations; must evaluate the failure in award-fee contracts and may reduce, deny, or recover award fees; and must refer severe, prolonged, or repeated failures to the suspending and debarring official.
Contractor
Must comply with applicable requirements for private security functions; must remove and replace personnel when directed by the contracting officer; must absorb the cost of removal and replacement; and must understand that noncompliance can affect fee, past performance, future awards, and potential suspension or debarment.
Subcontractor
Must ensure its personnel performing private security functions comply with applicable requirements; may be affected by removal of personnel and by the contractor’s compliance obligations, since the rule applies to contractor and subcontractor personnel alike.
Suspending and Debarring Official
Must receive referrals when failures are severe, prolonged, or repeated and determine whether suspension or debarment action is warranted under applicable procedures.
Practical Implications
A single compliance failure can trigger multiple consequences at once: personnel removal, negative past performance documentation, fee reduction, and possible referral for suspension or debarment.
Contractors should monitor both their own employees and subcontractor personnel closely, because the rule expressly reaches subcontractor personnel performing private security functions.
Award-fee contractors face added financial exposure because noncompliance can reduce current fees and may also justify recovering fees already paid for the affected period.
Contracting officers should document the facts carefully and promptly, because the past performance record and any responsibility determination may be used in future source selections.
Severe or repeated failures should be treated as a serious integrity issue, not just a staffing problem, because they can escalate to exclusion from future federal contracting.
Official Regulatory Text
(a) In addition to other remedies available to the Government- (1) The contracting officer may direct the contractor, at its own expense, to remove and replace any contractor or subcontractor personnel performing private security functions who fail to comply with or violate applicable requirements. Such action may be taken at the Government's discretion without prejudice to its rights under any other contract provision, e.g., termination for default; (2) The contracting officer shall include the contractor’s failure to comply with the requirements of this section in appropriate databases of past performance and consider any such failure in any responsibility determination or evaluation of past performance; and (3) In the case of award-fee contracts, the contracting officer shall consider a contractor’s failure to comply with the requirements of this subsection in the evaluation of the contractor’s performance during the relevant evaluation period, and may treat such failure as a basis for reducing or denying award fees for such period or for recovering all or part of award fees previously paid for such period. (b) If the performance failures are severe, prolonged, or repeated, the contracting officer shall refer the matter to the appropriate suspending and debarring official.