25.302-6
Contract clause
Include FAR clause 52.225-26 in contracts for private security functions outside the U.S. in designated combat or significant military operation areas, unless a specific exemption applies.
Overview
FAR 25.302-6 mandates the use of a specific contract clause (FAR 52.225-26) in solicitations and contracts involving private security functions performed outside the United States in areas of combat or significant military operations, as designated by the Secretary of Defense. The clause ensures contractors are aware of and comply with requirements for private security operations in these high-risk environments. However, there are exceptions: contracts supporting intelligence activities and certain temporary arrangements with indigenous personnel are exempt from this requirement. This section is crucial for ensuring legal and operational compliance when contracting for private security services in overseas conflict zones.
Key Rules
- Mandatory Clause Inclusion
- The clause at FAR 52.225-26 must be included in contracts for private security functions outside the U.S. in designated combat or significant military operation areas.
- Designation Authority
- Areas must be officially designated by the Secretary of Defense, and for significant military operations, also agreed upon by the Secretary of State.
- Exemptions
- Contracts for intelligence activities and certain temporary arrangements with indigenous personnel are not required to include the clause.
Responsibilities
- Contracting Officers: Must determine applicability and ensure the clause is included in relevant contracts; must recognize and document exemptions.
- Contractors: Must comply with the requirements of FAR 52.225-26 when the clause is included.
- Agencies: Must coordinate with the Secretary of Defense and Secretary of State for area designations and ensure oversight of compliance.
Practical Implications
- This section exists to ensure private security contractors operate under clear, enforceable standards in high-risk overseas environments.
- It impacts contract formation and compliance for any contractor providing security services in designated areas.
- Common pitfalls include failing to include the clause when required or misapplying exemptions, which can lead to compliance violations and operational risks.