25.302-4 Policy
Source: FAR 25.302-4 on acquisition.gov
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.
(a) General.
(1) The policy, responsibilities, procedures, accountability, training, equipping, and conduct of personnel performing private security functions in designated areas are addressed at 32 CFR part 159, entitled "Private Security Contractors Operating in Contingency Operations". Contractor responsibilities include ensuring that employees are aware of, and comply with, relevant orders, directives, and instructions; keeping appropriate personnel records; accounting for weapons; registering and identifying armored vehicles, helicopters, and other military vehicles; and reporting specified incidents in which personnel performing private security functions under a contract are involved.
(2) In addition, contractors are required to fully cooperate with any Government-authorized investigation into incidents reported pursuant to paragraph (c)(3) of the clause at 52.225-26, Contractors Performing Private Security Functions Outside the United States, by providing access to employees performing private security functions and relevant information in the possession of the contractor regarding the incident concerned.
(b) Implementing guidance. In accordance with 32 CFR part 159-
(1) Geographic combatant commanders will provide DoD contractors performing private security functions with guidance and procedures for the operational environment in their area of responsibility; and
(2) In a designated area of combat operations, or areas of other significant military operations, as designated by the Secretary of Defense and only upon agreement of the Secretary of Defense and the Secretary of State, the relevant Chief of Mission will provide implementing instructions for non-DoD contractors performing private security functions and their personnel consistent with the standards set forth by the geographic combatant commander. In accordance with 32 CFR 159.4(c), the Chief of Mission has the option of instructing non-DoD contractors performing private security functions and their personnel to follow the guidance and procedures of the geographic combatant commander and/or a sub-unified commander or joint force commander where specifically authorized by the combatant commander to do so and notice of that authorization is provided to non-DoD agencies.