FAR 25.302-6—Contract clause.
Plain-English Summary
FAR 25.302-6 tells contracting officers when to include the clause at 52.225-26, Contractors Performing Private Security Functions Outside the United States, in solicitations and contracts. It applies only to performance outside the United States in areas designated by the Secretary of Defense as either combat operations or other significant military operations, with the latter requiring agreement between the Secretary of Defense and the Secretary of State. The section also identifies two exceptions where the clause is not required: contracts entered into by elements of the intelligence community in support of intelligence activities, and temporary arrangements by non-DoD contractors for private security functions performed by individual indigenous personnel who are not affiliated with a local or expatriate security company. In practice, this provision is a trigger-and-exception rule: if the work is overseas private security in a covered operational area, the clause must be inserted unless a stated exception applies. Its purpose is to ensure contractors performing private security functions in high-risk overseas environments are subject to the Government’s required terms and oversight framework.
Key Rules
Use the clause in covered areas
Include 52.225-26 in solicitations and contracts for performance outside the United States in areas designated as combat operations or other significant military operations. The clause is mandatory when the geographic and operational conditions in paragraph (a) are met.
Combat operations trigger
If the work will be performed in an area designated by the Secretary of Defense as a combat operations area, the clause must be used. No additional interagency agreement is stated for this category.
Other significant operations require agreement
For areas designated as other significant military operations, the clause applies only if the Secretary of Defense and the Secretary of State agree. Without that agreement, the clause is not required under this section.
Intelligence community exception
The clause is not required for contracts entered into by elements of the intelligence community when the contract supports intelligence activities. This is a specific carve-out from the general coverage rule.
Temporary indigenous personnel exception
The clause is not required for temporary arrangements by non-DoD contractors when private security functions are performed by individual indigenous personnel not affiliated with a local or expatriate security company. This exception is narrow and depends on the personnel and arrangement described in the rule.
Responsibilities
Contracting Officer
Determine whether the solicitation or contract is for performance outside the United States in a covered area and, if so, include clause 52.225-26. The contracting officer must also confirm whether either exception applies before deciding not to use the clause.
Agency
Identify whether the requirement falls within a Secretary of Defense-designated combat operations area or an other significant military operations area, and ensure the necessary interagency agreement exists for the latter category. Agencies must also recognize when the intelligence community exception applies.
Secretary of Defense
Designate combat operations areas and other significant military operations areas for purposes of this clause. For other significant military operations, the Secretary must also agree with the Secretary of State before the clause applies.
Secretary of State
Participate in the required agreement with the Secretary of Defense for other significant military operations areas before the clause is used under this section.
Intelligence Community Elements
When entering contracts in support of intelligence activities, determine whether the intelligence community exception applies and, if so, proceed without the clause required by this section.
Contractor
Review the solicitation and contract to determine whether the clause applies to overseas private security work and comply with the clause if included. Contractors should also verify whether any claimed exception truly fits the facts, especially for temporary indigenous personnel arrangements.
Practical Implications
This section is a threshold check for overseas security work: if the location and mission are covered, the clause must be inserted early in acquisition planning and solicitation drafting.
A common pitfall is assuming all overseas security contracts need the clause; the rule is narrower and depends on the specific operational designation and, for some areas, interagency agreement.
Another frequent mistake is overusing the exceptions. The intelligence community exception is limited to contracts supporting intelligence activities, and the temporary indigenous personnel exception is limited to the exact arrangement described.
Contracting officers should document the basis for including or omitting the clause, especially when relying on a designation, agreement, or exception.
Contractors performing private security functions overseas should check the clause carefully because it may impose compliance obligations that affect staffing, subcontracting, and operational procedures.
Official Regulatory Text
(a) Use the clause at 52.225-26 , Contractors Performing Private Security Functions Outside the United States, in solicitations and contracts for performance outside the United States in an area of- (1) Combat operations, as designated by the Secretary of Defense; or (2) 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. (b) The clause is not required to be used for- (1) Contracts entered into by elements of the intelligence community in support of intelligence activities; or (2) Temporary arrangements entered into by non-DoD contractors for the performance of private security functions by individual indigenous personnel not affiliated with a local or expatriate security company.