25.302-5 Remedies
Source: FAR 25.302-5 on acquisition.gov
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.
(a) In addition to other remedies available to the Government-
(1) The contracting officer may direct the contractor, at its own expense, to remove and replace any contractor or subcontractor personnel performing private security functions who fail to comply with or violate applicable requirements. Such action may be taken at the Government's discretion without prejudice to its rights under any other contract provision, e.g., termination for default;
(2) The contracting officer shall include the contractor’s failure to comply with the requirements of this section in appropriate databases of past performance and consider any such failure in any responsibility determination or evaluation of past performance; and
(3) In the case of award-fee contracts, the contracting officer shall consider a contractor’s failure to comply with the requirements of this subsection in the evaluation of the contractor’s performance during the relevant evaluation period, and may treat such failure as a basis for reducing or denying award fees for such period or for recovering all or part of award fees previously paid for such period.
(b) If the performance failures are severe, prolonged, or repeated, the contracting officer shall refer the matter to the appropriate suspending and debarring official.