FAR 25.302—Contractors performing private security functions outside the United States.

Scope.

FAR 25.302-1 is a scope provision that tells readers what this subpart is about and why it exists. It states that the section prescribes policy for implementing specific statutory requirements in section 862 of the FY 2008 NDAA, as amended by section 853 of the FY 2009 NDAA and sections 831 and 832 of the FY 2011 NDAA, all of which are cross-referenced in the U.S. Code note cited in the rule. In practical terms, this means the subpart is not a general Buy American or trade agreements rule; it is a targeted policy framework tied to those defense authorization acts. The section’s function is to define the legal basis and subject matter for the rest of the subpart, so contracting officers and contractors know the rules that follow are implementing those statutes. Because it is a scope statement, it does not itself impose detailed procedural steps, but it is important for determining when the subpart applies and what policy objectives the later provisions are meant to carry out. Readers should use it as the gateway to the implementing requirements that follow in the subpart.

Definitions.

FAR 25.302-2 provides the definitions that control how the Government applies the contractor private security function requirements in this subpart. It defines three key terms: "area of combat operations," "other significant military operations," and "private security functions." These definitions matter because they determine when enhanced coordination, reporting, and oversight requirements may apply to contractors supporting Government agencies in high-risk environments. In practice, the section helps contracting officers, agencies, and contractors decide whether a contract involves security work that triggers special controls, especially where personnel may be armed or may need to use deadly force. The definitions also draw a line between ordinary contract performance and security-related activities that carry heightened operational, legal, and force-protection implications.

Applicability.

FAR 25.302-3 explains when the private security function requirements in FAR 25.302 apply to overseas contracts and when they do not. It focuses on contracts performed outside the United States in designated combat operations areas or designated other significant military operations areas, including the special rule that a second designation requires agreement between the Secretary of Defense and the Secretary of State. It also points readers to the official designation lists maintained by DoD, which is important because applicability depends on the current status of the location, not just the contract type. When the section applies, contractors and subcontractors must follow 32 CFR part 159 whether private security functions are the main deliverable or only an incidental part of the work. The section also identifies two exclusions: intelligence community contracts supporting intelligence activities, and temporary non-DoD arrangements for individual indigenous personnel performing private security functions outside a security company, while still requiring compliance with local law. In practice, this section is a threshold rule that determines whether a contractor must meet the detailed private security function requirements in the companion regulation.

Policy.

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.

Remedies.

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.

Contract clause.

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.