25.301-1 Scope
Source: FAR 25.301-1 on acquisition.gov
FAR 25.301-1 establishes when special rules apply to contractor personnel working outside the U.S. in designated operational, military, or diplomatic environments.
Overview
FAR 25.301-1 defines the scope of regulations for contracts requiring contractor personnel to perform outside the United States in specific high-risk or operational environments. It applies to contracts involving work in designated operational areas during contingency, humanitarian, peacekeeping, or other military operations, as well as contracts supporting diplomatic or consular missions in danger pay posts or as determined by the contracting officer. The section clarifies that these operations may include stability operations such as establishing secure environments or providing emergency services. Personal services contracts are generally excluded unless agency procedures specify otherwise.
Key Rules
- Applicability to Overseas Operations
- Applies to contracts with personnel performing outside the U.S. in designated operational areas or supporting certain diplomatic/consular missions.
- Types of Operations Covered
- Includes contingency, humanitarian, peacekeeping, and other military operations, as well as stability operations and emergency services.
- Exclusions
- Does not apply to personal services contracts unless agency procedures state otherwise.
Responsibilities
- Contracting Officers: Must determine if the contract falls within the scope and apply the appropriate FAR clause (52.225-19) when required.
- Contractors: Must be aware if their personnel will be operating in designated areas or missions and comply with related requirements.
- Agencies: Should provide guidance on exceptions for personal services contracts and ensure proper application of the regulation.
Practical Implications
- Ensures contractor personnel working in high-risk or operational environments are covered by specific regulatory protections and requirements.
- Impacts contract planning, risk assessment, and compliance for overseas operations.
- Common pitfalls include failing to identify when the regulation applies or omitting required clauses for covered contracts.
(a) This section applies to contracts requiring contractor personnel to perform outside the United States-
(1) In a designated operational area during-
(i) Contingency operations;
(ii) Humanitarian or peacekeeping operations; or
(iii) Other military operations or military exercises, when designated by the combatant commander; or
(2) When supporting a diplomatic or consular mission-
(i) That has been designated by the Department of State as a danger pay post (see https://aoprals.state.gov/" target="_blank">https://aoprals.state.gov/); or
(ii) That the contracting officer determines is a post at which application of the clause at FAR 52.225-19, Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States, is appropriate.
(b) Any of the types of operations listed in paragraph (a)(1) of this section may include stability operations such as-
(1) Establishment or maintenance of a safe and secure environment; or
(2) Provision of emergency infrastructure reconstruction, humanitarian relief, or essential governmental services (until feasible to transition to local government).
(c) This section does not apply to personal services contracts (see FAR 37.104), unless specified otherwise in agency procedures.