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DFARS Clause ACTIVE

252.237-7010

Prohibition on Interrogation of Detainees by Contractor Personnel.
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Effective Date
JAN 2023
Active Deviations
2
Versions
2 (since 2016-12-22)
DEV
This clause is modified by 2 active class deviations
  • 2026-O0028 — DFARS RFO Implementation (Part 12)
  • 2026-O0023 — DFARS RFO Implementation (Part 37)
    Add clause 252.237-7010
View per-deviation details → 
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

As prescribed in 237.173-5, use the following clause:

Prohibition on Interrogation of Detainees by Contractor Personnel (JAN 2023)

(a)
Definitions.
As used in this clause—

Detainee
means any person captured, detained, held, or otherwise under the effective control of DoD personnel (military or civilian) in connection with hostilities. This includes, but is not limited to, enemy prisoners of war, civilian internees, and retained personnel. This does not include DoD personnel or DoD contractor personnel being held for law enforcement purposes.

Interrogation of detainees
means a systematic process of formally and officially questioning a detainee for the purpose of obtaining reliable information to satisfy foreign intelligence collection requirements.

(b) Contractor personnel shall not interrogate detainees.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for commercial services, that may require subcontractor personnel to interact with detainees in the course of their duties.

(End of clause)

[75 FR 67634, Nov. 3, 2010, as amended at 78 FR 37991, June 25, 2013; 88 FR 6596, Jan. 31, 2023]
RFO
Prescription superseded under the RFO

The prescription shown below is from the codified eCFR. The Revolutionary FAR Overhaul relocates this clause's prescription as follows:

  • 237.173-5 → 237.873-5
  • 237.7804 → 237.7803 (prescriptive text also revised)
  • 212.301 → 212.205 (prescriptive text also revised)

See the deviation memorandum for the current prescription authority.

View deviation: 2026-O0028 → · View deviation: 2026-O0023 →

R-DFARS Prescription Source

This clause is prescribed in the R-DFARS by the following deviation:

  • 2026-O0023 — DFARS RFO Implementation (Part 37) (DFARS Part 237)
    Add clause 252.237-7010
237.173-5
Insert the clause at 252.237-7010 , Prohibition on Interrogation of Detainees by Contractor Personnel, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, that are for the provision of services.
Prescription data sourced from eCFR as of 2026-06-10 03:16 UTC. Cross-references within the prescription are not resolved automatically.

Regulatory Stack

The layers of regulation that govern this clause, from the FAR prescription through agency-specific supplements and any active deviations.

R-DFARS R-DFARS Prescription Per Deviation 2026-O0023 (DFARS Part 237)
2026-O0023: DFARS RFO Implementation (Part 37) — DFARS Part 237

View Deviation 2026-O0023 →

DFARS DFARS Supplement (eCFR) ⚠ May be superseded by RFO 237.173-5
Insert the clause at 252.237-7010 , Prohibition on Interrogation of Detainees by Contractor Personnel, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, that are for the provision of services.

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Version History

Version history is sourced from the codified eCFR. Changes published only as class deviations or by the Revolutionary FAR Overhaul do not appear here until they are incorporated into the eCFR. For RFO-driven changes see the RFO Version tab and any active deviations cited above.

2 versions tracked from 2016-12-22 to 2023-01-31.
JAN 2023 January 31, 2023 CURRENT
Removed in this version
Added in this version
Unchanged
DEC 2016 (previous)
JAN 2023 (current)
1 added, 1 removed
(c)
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for commercial items, that may require subcontractor personnel to interact with detainees in the course of their duties. (End of clause)
(c)
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for commercial services, that may require subcontractor personnel to interact with detainees in the course of their duties. (End of clause)
DEC 2016 December 22, 2016 SUBSTANTIVE
Earliest version available from the eCFR

Active Class Deviations

2026-O0028
DFARS RFO Implementation (Part 12) Modify clause 252.237-7010
MODIFIED
2026-O0023
DFARS RFO Implementation (Part 37) Add clause 252.237-7010
MODIFIED
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