25.302-2 Definitions
Source: FAR 25.302-2 on acquisition.gov
Clear definitions of combat zones, significant military operations, and private security functions are crucial for determining compliance obligations for contractors operating outside the U.S.
Overview
FAR 25.302-2 provides definitions for key terms related to contractors performing private security functions outside the United States. These definitions clarify the scope of regulations that apply to contractors operating in areas of combat operations or other significant military operations, and specify what constitutes private security functions. Understanding these definitions is essential for determining when and how the requirements of FAR 25.302 apply, especially regarding coordination, compliance, and the use of armed personnel.
Key Rules
- Area of Combat Operations
- Defined as areas designated by the Secretary of Defense where enhanced coordination of private security contractors is necessary.
- Other Significant Military Operations
- Refers to non-combat contingency operations outside the U.S. in high-threat environments where deadly force may be required.
- Private Security Functions
- Includes guarding personnel, facilities, or property, and any activity requiring armed personnel as specified by contract terms.
Responsibilities
- Contracting Officers: Must ensure contracts involving private security functions outside the U.S. reference and comply with these definitions.
- Contractors: Must understand whether their activities fall under these definitions to ensure compliance with applicable requirements.
- Agencies: Must designate areas and operations appropriately and oversee contractor compliance.
Practical Implications
- These definitions determine the applicability of specific compliance and coordination requirements for private security contractors overseas.
- Misinterpretation can lead to non-compliance, especially regarding the use of armed personnel and operations in high-threat environments.
- Contractors should carefully assess their activities and contract terms to determine if they are subject to the requirements of FAR 25.302.
As used in this section-
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.
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 (see 25.302-3(a)(2)).
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; or
(2) Any other activity for which personnel are required to carry weapons in the performance of their duties in accordance with the terms of the contract.