Policy
Contractors performing private security functions outside the U.S. must comply with strict recordkeeping, reporting, and cooperation requirements to ensure accountability and alignment with military and diplomatic standards.
Overview
FAR 25.302-4 establishes the policy for contractors performing private security functions outside the United States, referencing 32 CFR part 159 for detailed requirements. It mandates that contractors ensure their personnel are aware of and comply with all relevant orders, directives, and instructions, maintain proper personnel and equipment records, account for weapons, register military vehicles, and report specified incidents. Contractors must also fully cooperate with government investigations into reported incidents, providing access to employees and relevant information. The section outlines that geographic combatant commanders will provide operational guidance to DoD contractors, while the Chief of Mission will provide instructions to non-DoD contractors in designated combat areas, ensuring alignment with military standards and procedures.
Key Rules
- Contractor Responsibilities
- Contractors must ensure compliance with orders, maintain records, account for weapons, register vehicles, and report incidents.
- Cooperation with Investigations
- Contractors are required to cooperate fully with government investigations into reported incidents, including providing access to personnel and information.
- Operational Guidance
- DoD contractors receive operational guidance from geographic combatant commanders; non-DoD contractors receive instructions from the Chief of Mission, consistent with military standards.
Responsibilities
- Contracting Officers: Ensure contractors are aware of and comply with these requirements; include relevant clauses in contracts.
- Contractors: Implement all required policies, maintain records, report incidents, and cooperate with investigations.
- Agencies: Provide operational guidance and oversight; conduct investigations as needed.
Practical Implications
- This section ensures accountability and standardization for private security contractors operating in contingency or combat zones outside the U.S.
- Contractors must have robust compliance systems for recordkeeping, incident reporting, and cooperation with investigations.
- Failure to comply can result in contract penalties, loss of contract, or legal consequences.