Contractors performing private security functions outside the United States
Contractors performing private security functions outside the U.S. must comply with all applicable laws and contract requirements, with strict oversight and accountability enforced by specific contract clauses.
Overview
FAR 25.302 establishes requirements for contractors performing private security functions outside the United States. This section outlines the scope, definitions, applicability, policy, remedies, and required contract clauses for such activities. It is designed to ensure that contractors providing private security services in foreign locations comply with U.S. laws, host nation laws, and international agreements, and that they are held accountable for misconduct or violations. The regulation applies to contracts where private security functions are performed in designated areas outside the U.S., particularly in contingency operations or other sensitive environments.
Key Rules
- Scope and Applicability
- Applies to contracts involving private security functions performed outside the U.S., especially in designated operational areas.
- Definitions
- Provides specific definitions for terms such as "private security functions" and "designated areas."
- Policy Requirements
- Contractors must comply with all applicable laws, rules of engagement, and standards of conduct.
- Remedies for Noncompliance
- Outlines consequences for contractor violations, including possible contract termination or other remedies.
- Contract Clause
- Requires inclusion of a specific clause in contracts involving private security functions outside the U.S.
Responsibilities
- Contracting Officers: Ensure inclusion of the required clause and monitor compliance.
- Contractors: Adhere to all legal and regulatory requirements, maintain proper conduct, and report incidents.
- Agencies: Oversee contractor performance and enforce remedies for violations.
Practical Implications
- This section exists to mitigate risks associated with private security operations abroad and to ensure accountability.
- It impacts daily operations by requiring strict adherence to legal and ethical standards, and by mandating reporting and oversight.
- Common pitfalls include failure to comply with local laws, inadequate training, or lack of incident reporting.