25.302-5
Remedies
Non-compliance with private security requirements overseas can result in personnel removal, negative past performance ratings, financial penalties, and even suspension or debarment.
Overview
FAR 25.302-5 outlines the remedies available to the Government when contractors or subcontractors performing private security functions outside the United States fail to comply with applicable requirements. The regulation empowers contracting officers to take corrective actions, including personnel removal, negative past performance reporting, and financial penalties under award-fee contracts. It also mandates escalation to suspension or debarment officials for severe, prolonged, or repeated failures. This section ensures accountability and compliance among contractors providing private security services in overseas operations.
Key Rules
- Personnel Removal
- Contracting officers may require contractors to remove and replace non-compliant private security personnel at the contractor’s expense.
- Past Performance Reporting
- Non-compliance must be recorded in past performance databases and considered in future responsibility determinations.
- Award Fee Penalties
- For award-fee contracts, non-compliance can result in reduced or denied award fees, or recovery of previously paid fees.
- Referral for Suspension/Debarment
- Severe, prolonged, or repeated failures must be referred to the appropriate suspending and debarring official.
Responsibilities
- Contracting Officers: Enforce remedies, document non-compliance, and escalate severe cases.
- Contractors: Ensure all personnel comply with private security requirements and promptly address any violations.
- Agencies: Oversee compliance, maintain accurate past performance records, and take appropriate action against persistent offenders.
Practical Implications
- This section exists to maintain high standards and accountability for private security contractors overseas.
- It impacts daily operations by requiring strict personnel oversight and compliance documentation.
- Common pitfalls include inadequate personnel vetting, poor recordkeeping, and failure to address compliance issues promptly.