37.109 Services of quasi-military armed forces
Source: FAR 37.109 on acquisition.gov
Federal contracts are strictly prohibited with organizations that provide quasi-military armed forces for hire, but standard guard or investigative services are not affected by this ban.
Overview
FAR 37.109 prohibits federal agencies from entering into contracts with Pinkerton Detective Agencies or similar organizations that provide quasi-military armed forces for hire, as mandated by 5 U.S.C. 3108. This restriction applies regardless of the nature of the contract or the specific services requested. The regulation clarifies that organizations offering standard guard or protective services, even if armed or providing investigative services, are not considered quasi-military armed forces under this prohibition. The intent is to prevent the federal government from employing private entities that function as military forces for hire, while still allowing for the contracting of conventional security and investigative services.
Key Rules
- Prohibition on Quasi-Military Armed Forces Contracts
- Federal contracts with organizations offering quasi-military armed forces for hire are strictly forbidden.
- Scope of Prohibition
- The ban applies to both the organizations themselves and their employees, regardless of the contract’s purpose.
- Exclusion for Guard/Protective Services
- Organizations providing only guard, protective, or investigative services are not classified as quasi-military armed forces, even if their personnel are armed.
Responsibilities
- Contracting Officers: Must ensure that no contracts are awarded to prohibited organizations or their employees.
- Contractors: Should not propose or subcontract with organizations that fall under the quasi-military armed force definition.
- Agencies: Must review and vet potential contractors to ensure compliance with 5 U.S.C. 3108.
Practical Implications
- This section exists to prevent the federal government from using private military forces, maintaining a clear distinction between government and private security roles.
- Contracting professionals must carefully assess the nature of security and investigative service providers to avoid prohibited contracts.
- Misclassification or misunderstanding of what constitutes a quasi-military armed force can lead to compliance violations and contract ineligibility.
Contracts with "Pinkerton Detective Agencies or similar organizations" are prohibited by http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3108&num=0&edition=prelim" target="_blank">5 U.S.C. 3108. This prohibition applies only to contracts with organizations that offer quasi-military armed forces for hire, or with their employees, regardless of the contract’s character. An organization providing guard or protective services does not thereby become a "quasi-military armed force," even though the guards are armed or the organization provides general investigative or detective services. (See 57 Comp. Gen. 524.)