Contractors Performing Private Security Functions Outside the United States
Contractors performing private security functions outside the U.S. in designated areas must comply with strict legal, training, and reporting requirements, and fully cooperate with government investigations, or risk removal of personnel and negative performance consequences.
Overview
FAR 52.225-26 establishes requirements for contractors performing private security functions outside the United States, specifically in areas designated as combat operations or significant military operations by the Secretary of Defense (and, for the latter, with the Secretary of State's agreement). The clause mandates strict compliance with U.S. and host country laws, 32 CFR part 159, and specific contract directives regarding personnel, weapons, vehicles, and incident reporting. It also requires contractors to ensure their personnel are properly trained, briefed, and screened, and to provide full cooperation with government investigations. The clause applies to both prime and subcontractors operating in designated areas and outlines remedies for noncompliance, including removal of personnel and negative impacts on past performance evaluations and award fees.
Key Rules
- Applicability to Designated Areas
- The clause applies only to contract performance in areas designated as combat operations or significant military operations outside the U.S.
- Compliance with Laws and Regulations
- Contractors must ensure personnel comply with 32 CFR part 159, U.S. and host country laws, and all relevant orders and directives.
- Personnel Management and Reporting
- Contractors must register, manage, and keep records of personnel, weapons, and vehicles, and report specific security incidents.
- Training and Briefing
- All personnel must be briefed on and understand their legal and contractual obligations, including rules on use of force.
- Cooperation with Investigations
- Contractors must provide access to personnel and information for government investigations of incidents or alleged misconduct.
- Remedies for Noncompliance
- The government may remove noncompliant personnel, record failures in past performance databases, and reduce or deny award fees.
- Flowdown to Subcontracts
- The clause must be included in all applicable subcontracts performed in designated areas.
Responsibilities
- Contracting Officers: Must ensure inclusion of this clause in applicable contracts and enforce compliance, including removal of noncompliant personnel and consideration in past performance.
- Contractors: Must comply with all requirements, ensure personnel are trained and briefed, report incidents, cooperate with investigations, and flow down the clause to subcontracts.
- Agencies: Oversee contractor compliance, conduct investigations, and maintain past performance records.
Practical Implications
- This clause ensures accountability and legal compliance for private security contractors in high-risk overseas environments.
- Contractors must establish robust compliance, training, and reporting systems to avoid penalties and negative performance evaluations.
- Common pitfalls include inadequate incident reporting, insufficient training, or failure to flow down requirements to subcontractors.