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SUBPART 225.3--CONTRACTS PERFORMED OUTSIDE THE UNITED STATES

(Revised January 29, 2015)

 

 



 225.301 Contractor personnel in a designated operational area or supporting a diplomatic or
              consular mission outside the United States.

 225.301-1 Scope.
 225.301-4 Contract clause.
 225.302 Contractors performing private security functions outside the United States.
 225.302-6 Contract clause.


225.301  Contractor personnel in a designated operational area or supporting a diplomatic or consular mission outside the United States.

 

225.301-1  Scope.

 

      (a)  “Performance in a designated operational area,” as used in this section, means performance of a service or construction, as required by the contract.  For supply contracts, the term includes services associated with the acquisition of supplies (e.g., installation or maintenance), but does not include production of the supplies or associated overhead functions.

 

      (c)  For DoD, this section also applies to all personal services contracts.

 

225.301-4  Contract clause.

 

      (1)  Use the clause at FAR 52.225-19, Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States, in accordance with the prescription at FAR 25.301-4, except that—

 

              (i)  The clause shall also be used in personal services contracts with individuals; and

 

              (ii)  The clause shall not be used when all contractor personnel performing outside the United States will be covered by the clause at 252.225-7040.

 

      (2)  When using the clause at FAR 52.225-19, the contracting officer shall inform the contractor that the Synchronized Predeployment and Operational Tracker (SPOT) is the appropriate automated system to use for the list of contractor personnel required by paragraph (g) of the clause.  Information on the SPOT system is available at http://www.dod.mil/bta/products/spot.html and http://www.acq.osd.mil/log/PS/spot.html.

 

225.302  Contractors performing private security functions outside the United States.

 

225.302-6  Contract clause.

 

Use the clause at 252.225-7039, Defense Contractors Performing Private Security Functions Outside the United States, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, when private security functions are to be performed outside the United States in—

 

      (1)  Contingency operations;

 

      (2)  Combat operations, as designated by the Secretary of Defense;

 

      (3)  Other significant military operations (as defined in 32 CFR part 159), designated by the Secretary of Defense, and only upon agreement of the Secretary of Defense and the Secretary of State;

 

      (4)  Peace operations, consistent with Joint Publication 3-07.3; or

 

      (5)  Other military operations or military exercises, when designated by the Combatant Commander.

 

 


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