52.225-19
Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States
Contractors must rigorously prepare, support, and monitor their personnel operating in designated overseas areas or diplomatic missions, ensuring compliance with all legal, security, and operational requirements.
Overview
FAR 52.225-19 establishes requirements and responsibilities for contractors whose personnel perform work outside the United States in designated operational areas or in support of diplomatic or consular missions. The clause addresses legal compliance, personnel preparation, security, safety, and logistical support, as well as procedures for emergencies, evacuations, and the handling of personal effects and remains. It is designed to ensure contractor personnel operate safely, lawfully, and in coordination with U.S. government authorities in high-risk or sensitive environments.
Key Rules
- Applicability
- Applies to contracts requiring performance by contractor personnel outside the U.S. in designated operational areas (e.g., contingency, humanitarian, or military operations) or supporting diplomatic/consular missions designated as danger pay posts or as specified by the Contracting Officer.
- Personnel Preparation and Documentation
- Contractors must ensure personnel have completed security checks, are medically fit, have required documents (passports, visas), receive necessary clearances, and complete security and isolated personnel training.
- Legal and Regulatory Compliance
- Contractor personnel must comply with U.S., host country, and international laws, as well as directives from the Chief of Mission or Combatant Commander.
- Logistical and Security Support
- Contractors are responsible for providing logistical and security support unless otherwise specified.
- Weapons and Use of Force
- Authorization to carry weapons must be obtained, with strict training and compliance requirements; deadly force is generally limited to self-defense or specific security functions.
- Emergency, Evacuation, and Recovery Procedures
- Contractors must follow government instructions for evacuations, personnel recovery, and notification/return of personal effects in case of death, injury, or abduction.
- Subcontractor Flowdown
- The clause must be included in all applicable subcontracts.
Responsibilities
- Contracting Officers: Specify requirements, authorize weapons, direct personnel actions, and designate officials for personnel data.
- Contractors: Ensure personnel readiness, legal compliance, maintain personnel records, provide support, notify next of kin, and flow down requirements to subcontractors.
- Agencies: Oversee compliance, provide evacuation/recovery support, and may provide mortuary support as applicable.
Practical Implications
- This clause exists to protect contractor personnel and ensure mission continuity in high-risk overseas environments.
- It impacts daily operations by imposing strict preparation, documentation, and compliance requirements.
- Common pitfalls include incomplete personnel vetting, lack of required training, improper handling of weapons, and failure to comply with local or U.S. laws.