FAR 52.225-26 - 52.225-26 Contractors Performing Private Security Functions Outside the United States.
Current Status
DEVIATION ACTIVE
WARNING: This clause is affected by 1 active class deviation. Use the deviation text, NOT the standard clause text from the eCFR.
| Last Checked | 2026-03-11 19:37 UTC |
| Authoritative Source | https://www.ecfr.gov/current/title-48/section-52.225-26 |
Active Class Deviations
2023-O0008 - Class Deviation 2023-O0008 â Commercial Products and Commercial Services Omnibus Clause for Acquisitions Using the Procurement Desktop-Defense System
Effective: None
Effect: MODIFY
Modify clause 52.225-26
Compare clause text (side-by-side)
Standard Clause Text (eCFR)
(2) Other significant military operations, as designated by the Secretary of Defense, and only upon agreement of the Secretary of Defense and the Secretary of State. (c) Requirements. The Contractor is required toâ (1) Ensure that all employees of the Contractor who are responsible for performing private security functions under this contract comply with 32 CFR part 159, and with any orders, directives, and instructions to Contractors performing private security functions that are identified in the contract forâ
(End of clause)
As Modified by Deviation
52.225-26, Contractors Performing Private Security Functions Outside the
United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). (xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN
2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause
52.226-6.
(xxiii) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors
(MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with
paragraph (c) of 52.232–40. (xxiv) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247–64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its
contractual obligations.
(End of clause)
Alternate I (2023-OZZZZ) (OCT 2023). As prescribed in 12.301(b)(4)(i), delete paragraph (a) from the basic deviation clause, redesignate paragraph (b)(1) as paragraph (a), and redesignate paragraphs (b)(1)(i) through (b)(1)(xxiv) as paragraphs (a)(1) through (a)(24) and redesignate paragraph (b)(2) as paragraph (b). Alternate II (2023-OZZZZ) (OCT 2023). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (a)(1) and (b)(1) for paragraphs (a)(1) and (b)(1) of the basic deviation clause as follows: Page 3 of 5 Attachment Class Deviation 2023-O0008 Commercial Products and Commercial Services Omnibus Clause for Acquisitions Using the Procurement Desktop-Defense System Changes are indicated by a change bar in the right-hand margin. (a)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to— (i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than— (i) Paragraph (a) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (a)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (b)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (A) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021)(41 U.S.C. 3509). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021)(Section 1634 of Pub. L. 115-91). (D) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115– 232). (E) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328). (F) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities. (G) 52.222-21, Prohibition on Segregated Facilities (APR 2015) (H) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). (I) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (J) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). Page 4 of 5 Attachment Class Deviation 2023-O0008 Commercial Products and Commercial Services Omnibus Clause for Acquisitions Using the Procurement Desktop-Defense System Changes are indicated by a change bar in the right-hand margin. (K) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (L) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. Chapter 67). (M)__(1) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. Chapter 78 and E.O. 13627). __(2) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. Chapter 78 and E.O. 13627). (N) 52.222-51, Exemption from Application of the Se...
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52.225-26 Contractors Performing Private Security Functions Outside the United States. As prescribed in 25.302-6, insert the following clause: Contractors Performing Private Security Functions Outside the United States (OCT 2016) (a) Definitions. As used in this clauseâ Area of combat operations means an area of operations designated as such by the Secretary of Defense when enhanced coordination of contractors performing private security functions working for Government agencies is required. Full cooperation â (1) Means disclosure to the Government of the information sufficient to identify the nature and extent of the incident and the individuals responsible for the conduct. It includes providing timely and complete responses to Government auditors' and investigators' requests for documents and access to employees with information; (2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not requireâ (i) The Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or (ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney-client privilege or Fifth Amendment rights; and (3) Does not restrict the Contractor fromâ (i) Conducting an internal investigation; or (ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation. Other significant military operations means activities, other than combat operations, as part of a contingency operation outside the United States that is carried out by United States Armed Forces in an uncontrolled or unpredictable high-threat environment where personnel performing security functions may be called upon to use deadly force. Private security functions means activities engaged in by a Contractor, as follows: (1) Guarding of personnel, facilities, designated sites, or property of a Federal agency, the Contractor or subcontractor, or a third party. (2) Any other activity for which personnel are required to carry weapons in the performance of their duties in accordance with the terms of this contract. (b) Applicability. If this contract is performed both in a designated area and in an area that is not designated, the clause only applies to performance in the following designated areasâ (1) Combat operations, as designated by the Secretary of Defense; or (2) Other significant military operations, as designated by the Secretary of Defense, and only upon agreement of the Secretary of Defense and the Secretary of State. (c) Requirements. The Contractor is required toâ (1) Ensure that all employees of the Contractor who are responsible for performing private security functions under this contract comply with 32 CFR part 159, and with any orders, directives, and instructions to Contractors performing private security functions that are identified in the contract forâ (i) Registering, processing, accounting for, managing, overseeing, and keeping appropriate records of personnel performing private security functions; (ii) Authorizing and accounting for weapons to be carried by or available to be used by personnel performing private security functions; (iii) Registering and identifying armored vehicles, helicopters, and other military vehicles operated by Contractors performing private security functions; and (iv) Reporting incidents in whichâ (A) A weapon is discharged by personnel performing private security functions; (B) Personnel performing private security functions are attacked, killed, or injured; (C) Persons are killed or injured or property is destroyed as a result of conduct by Contractor personnel; (D) A weapon is discharged against personnel performing private security functions or personnel performing such functions believe a weapon was so discharged; or (E) Active, non-lethal countermeasures (other than the discharge of a weapon) are employed by personnel performing private security functions in response to a perceived immediate threat; (2) Ensure that the Contractor and all employees of the Contractor who are responsible for performing private security functions under this contract are briefed on and understand their obligation to comply withâ (i) Qualification, training, screening (including, if applicable, thorough background checks), and security requirements established by 32 CFR part 159, Private Security Contractors Operating in Contingency Operations; (ii) Applicable laws and regulations of the United States and the host country and applicable treaties and international agreements regarding performance of private security functions; (iii) Orders, directives, and instructions issued by the applicable commander of a combatant command or relevant Chief of Mission relating to weapons, equipment, force protection, security, health, safety, or relations and interaction with locals; and (iv) Rules on the use of force issued by the applicable commander of a combatant command or relevant Chief of Mission for personnel performing private security functions; and (3) Provide full cooperation with any Government-authorized investigation of incidents reported pursuant to paragraph (c)(1)(iv) of this clause and incidents of alleged misconduct by personnel performing private security functions under this contract by providingâ (i) Access to employees performing private security functions; and (ii) Relevant information in the possession of the Contractor regarding the incident concerned. (d) Remedies. In addition to other remedies available to the Governmentâ (1) The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any Contractor or subcontractor personnel performing private security functions who fail to comply with or violate applicable requirements of this clause or 32 CFR part 159. Such action may be taken at the Government's discretion without prejudice to its rights under any other provision of this contract. (2) The Contractor's failure to comply with the requirements of this clause will be included in appropriate databases of past performance and considered in any responsibility determination or evaluation of past performance; and (3) If this is an award-fee contract, the Contractor's failure to comply with the requirements of this clause shall be considered in the evaluation of the Contractor's performance during the relevant evaluation period, and the Contracting Officer may treat such failure to comply as a basis for reducing or denying award fees for such period or for recovering all or part of award fees previously paid for such period. (e) Rule of construction. The duty of the Contractor to comply with the requirements of this clause shall not be reduced or diminished by the failure of a higher- or lower-tier Contractor or subcontractor to comply with the clause requirements or by a failure of the contracting activity to provide required oversight. (f) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that will be performed outside the United States in areas ofâ (1) Combat operations, as designated by the Secretary of Defense; or (2) Other significant military operations, upon agreement of the Secretaries of Defense and State that the clause applies in that area. (End of clause) [78 FR 37674, June 21, 2013, as amended at 81 FR 67777, Sept. 30, 2016]