FAR 52.225-26—Contractors Performing Private Security Functions Outside the United States.
Plain-English Summary
FAR 52.225-26 addresses how contractors performing private security functions outside the United States must operate when supporting U.S. Government activities in combat operations or other significant military operations. The clause defines key terms such as area of combat operations, other significant military operations, full cooperation, and private security functions, and it explains when the clause applies if performance occurs in both designated and non-designated areas. It requires contractors to comply with 32 CFR part 159 and with contract-specific orders, directives, and instructions covering personnel registration, weapons accountability, vehicle registration, and incident reporting. It also requires contractor personnel to be briefed on qualification, training, screening, host-nation and U.S. legal requirements, commander or Chief of Mission instructions, and rules on the use of force. The clause further requires full cooperation with Government-authorized investigations and gives the Contracting Officer authority to direct removal and replacement of noncompliant personnel at the contractor’s expense. In practice, this clause is a risk-control and accountability provision: it is designed to protect U.S. personnel, civilians, and mission integrity while ensuring private security contractors operate under clear oversight, reporting, and discipline standards in high-threat overseas environments.
Key Rules
Clause applies in designated areas
The clause applies only to performance in an area of combat operations designated by the Secretary of Defense, or in other significant military operations designated by the Secretary of Defense and agreed to by the Secretary of State. If a contract is performed partly inside and partly outside a designated area, the clause applies only to the designated-area performance.
Private security functions are defined broadly
Covered work includes guarding personnel, facilities, designated sites, or property, and any other activity where personnel are required to carry weapons under the contract. This means the clause can apply even when the work is not labeled as traditional guard services.
Compliance with 32 CFR part 159 is mandatory
Contractor employees responsible for private security functions must comply with 32 CFR part 159 and any contract-identified orders, directives, and instructions. Those requirements cover personnel registration and oversight, weapons authorization and accountability, and registration of armored vehicles, helicopters, and other military vehicles.
Incident reporting is required
The contractor must report specified incidents, including weapon discharges, attacks or injuries to security personnel, harm to persons or property caused by contractor conduct, suspected weapon discharges against security personnel, and use of active non-lethal countermeasures in response to an immediate threat. The reporting obligation is a core accountability requirement, not optional after-action paperwork.
Personnel must be briefed and trained
The contractor must ensure both the company and the employees performing private security functions understand qualification, training, screening, and security requirements, as well as applicable U.S. and host-nation laws, treaties, commander or Chief of Mission instructions, and rules on the use of force. This makes pre-deployment and ongoing training a contractual obligation.
Full cooperation with investigations is required
The contractor must fully cooperate with Government-authorized investigations of reported incidents and alleged misconduct by providing access to employees and relevant information in its possession. The clause defines full cooperation to include timely, complete responses to auditors and investigators, while preserving attorney-client privilege, work-product protections, and individual constitutional rights.
Government may order removal of personnel
If personnel fail to comply with the clause or 32 CFR part 159, the Contracting Officer may direct the contractor, at its own expense, to remove and replace them. This remedy is in addition to any other contractual or legal remedies available to the Government.
Responsibilities
Contractor
Determine whether the work involves private security functions in a covered overseas area and ensure all covered personnel comply with 32 CFR part 159, contract-specific instructions, and applicable U.S., host-nation, and treaty requirements. The contractor must maintain personnel, weapons, and vehicle accountability; report required incidents; brief and train personnel; cooperate with investigations; and remove or replace noncompliant personnel when directed.
Contractor employees performing private security functions
Follow qualification, training, screening, security, weapons, reporting, and use-of-force requirements; comply with applicable laws and orders; and cooperate with authorized investigations as required by the contract and applicable law.
Contracting Officer
Administer the clause, ensure the contract includes the required instructions and reporting expectations, and direct removal and replacement of personnel when noncompliance or violations occur. The Contracting Officer may also rely on other available contractual remedies.
Government-authorized investigators and auditors
Investigate reported incidents and alleged misconduct, request documents and employee access, and assess contractor compliance with the clause and 32 CFR part 159.
Secretary of Defense and Secretary of State
Designate combat operations or other significant military operations for clause applicability, with the Secretary of State’s agreement required for other significant military operations.
Applicable commander of a combatant command or relevant Chief of Mission
Issue orders, directives, instructions, and rules on the use of force that contractor personnel must follow regarding weapons, equipment, force protection, security, health, safety, and relations with local populations.
Practical Implications
Contractors need a real compliance program, not just a contract clause reference. In practice, that means pre-deployment screening, training, weapons control, incident logs, and a clear chain for reporting and escalation.
The reporting triggers are broader than many contractors expect. A weapon discharge, an injury, a suspected discharge against security personnel, or even non-lethal countermeasures used in response to an immediate threat can all require reporting.
Investigations can require fast access to people and records, so contractors should preserve documents, maintain accurate rosters and weapons records, and have a process for responding to Government requests without delay.
The Government can remove personnel at the contractor’s expense, which creates immediate staffing and mission continuity risk. Contractors should have backup personnel and a plan for rapid replacement.
A common pitfall is assuming host-nation rules or local practice control the work. This clause requires compliance with U.S. requirements, host-country law, treaties, and commander/Chief of Mission instructions, all of which may apply at the same time.
Official Regulatory Text
As prescribed in 25.302-6 insert the following clause: Contractors Performing Private Security Functions Outside The United States (Oct 2016) (a) Definition . As used in this clause- Area of combat operations means an area of operations designated as such by the Secretary of Defense when enhanced coordination of contractors performing private security functions working for Government agencies is required Full cooperation – (1) Means disclosure to the Government of the information sufficient to identify the nature and extent of the incident and the individuals responsible for the conduct. It includes providing timely and complete responses to Government auditors' and investigators' requests for documents and access to employees with information; (2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require– (i) The Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or (ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney-client privilege or Fifth Amendment rights; and (3) Does not restrict the Contractor from– (i) Conducting an internal investigation; or (ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation. Other significant military operations means activities, other than combat operations, as part of a contingency operation outside the United States that is carried out by United States Armed Forces in an uncontrolled or unpredictable high-threat environment where personnel performing security functions may be called upon to use deadly force. Private security functions means activities engaged in by a Contractor, as follows: (1) Guarding of personnel, facilities, designated sites, or property of a Federal agency, the Contractor or subcontractor, or a third party. (2) Any other activity for which personnel are required to carry weapons in the performance of their duties in accordance with the terms of this contract. (b) Applicability. If this contract is performed both in a designated area and in an area that is not designated, the clause only applies to performance in the following designated areas- (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. (c) Requirements. The Contractor is required to- (1) Ensure that all employees of the Contractor who are responsible for performing private security functions under this contract comply with 32 CFR part 159 , and with any orders, directives, and instructions to Contractors performing private security functions that are identified in the contract for-- (i) Registering, processing, accounting for, managing, overseeing, and keeping appropriate records of personnel performing private security functions; (ii) Authorizing and accounting for weapons to be carried by or available to be used by personnel performing private security functions; (iii) Registering and identifying armored vehicles, helicopters, and other military vehicles operated by Contractors performing private security functions; and (iv) Reporting incidents in which- (A) A weapon is discharged by personnel performing private security functions; (B) Personnel performing private security functions are attacked, killed, or injured; (C) Persons are killed or injured or property is destroyed as a result of conduct by Contractor personnel; (D) A weapon is discharged against personnel performing private security functions or personnel performing such functions believe a weapon was so discharged; or (E) Active, non-lethal countermeasures (other than the discharge of a weapon) are employed by personnel performing private security functions in response to a perceived immediate threat; (2) Ensure that the Contractor and all employees of the Contractor who are responsible for performing private security functions under this contract are briefed on and understand their obligation to comply with- (i) Qualification, training, screening (including, if applicable, thorough background checks), and security requirements established by 32 CFR part 159 , Private Security Contractors Operating in Contingency Operations; (ii) Applicable laws and regulations of the United States and the host country and applicable treaties and international agreements regarding performance of private security functions; (iii) Orders, directives, and instructions issued by the applicable commander of a combatant command or relevant Chief of Mission relating to weapons, equipment, force protection, security, health, safety, or relations and interaction with locals; and (iv) Rules on the use of force issued by the applicable commander of a combatant command or relevant Chief of Mission for personnel performing private security functions; and (3) Provide full cooperation with any Government-authorized investigation of incidents reported pursuant to paragraph (c)(1)(iv) of this clause and incidents of alleged misconduct by personnel performing private security functions under this contract by providing- (i) Access to employees performing private security functions; and (ii) Relevant information in the possession of the Contractor regarding the incident concerned. (d) Remedies. 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 of this clause or 32 CFR part 159 . Such action may be taken at the Government's discretion without prejudice to its rights under any other provision of this contract. (2) The Contractor’s failure to comply with the requirements of this clause will be included in appropriate databases of past performance and considered in any responsibility determination or evaluation of past performance; and (3) If this is an award-fee contract, the Contractor's failure to comply with the requirements of this clause shall be considered in the evaluation of the Contractor's performance during the relevant evaluation period, and the Contracting Officer may treat such failure to comply 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. (e) Rule of construction. The duty of the Contractor to comply with the requirements of this clause shall not be reduced or diminished by the failure of a higher- or lower-tier Contractor or subcontractor to comply with the clause requirements or by a failure of the contracting activity to provide required oversight. (f) Subcontracts . The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that will be performed outside the United States in areas of- (1) Combat operations, as designated by the Secretary of Defense; or (2) Other significant military operations, upon agreement of the Secretaries of Defense and State that the clause applies in that area. (End of clause)