Applicability
FAR 25.302-3 requires contractors performing private security functions in designated overseas combat or significant military operation areas to comply with 32 CFR part 159, with specific exceptions.
Overview
FAR 25.302-3 outlines when the requirements for contractors performing private security functions outside the United States apply. Specifically, it covers contracts performed in areas designated as combat operations or other significant military operations by the Secretary of Defense, with the latter also requiring agreement from the Secretary of State. The section provides links to official lists of designated areas. When these criteria are met, contractors and subcontractors must comply with 32 CFR part 159, regardless of whether private security is the main or ancillary service. There are two key exceptions: contracts for intelligence activities and temporary, non-DoD arrangements with individual indigenous personnel, though the latter must still follow local law.
Key Rules
- Applicability to Designated Areas
- Applies to contracts performed in areas of combat or significant military operations as officially designated.
- Mandatory Compliance with 32 CFR part 159
- Contractors and subcontractors must follow 32 CFR part 159 requirements when performing private security functions in applicable areas.
- Exceptions
- Intelligence community contracts and certain temporary arrangements with indigenous personnel are excluded, though local law still applies to the latter.
Responsibilities
- Contracting Officers: Ensure contracts in designated areas include compliance requirements and verify area designations.
- Contractors: Determine if their contract falls under these rules and comply with 32 CFR part 159 if applicable.
- Agencies: Maintain awareness of designated areas and ensure exceptions are properly applied.
Practical Implications
- This section ensures private security contractors in sensitive overseas areas follow standardized rules for accountability and safety.
- Contractors must stay updated on designated areas and understand when exceptions apply.
- Failure to comply can result in contract violations or legal issues, especially in high-risk environments.