252.237-7998 Training for Contractor Personnel Interacting with Detainees

This clause was introduced by the Revolutionary FAR Overhaul (EO 14275) and does not appear in the codified eCFR. It applies to contracts using the RFO model.

RFO Prescription

As prescribed in 237.871-4, insert the following clause:

237.871-4 Contract clause.

Insert the clause at 252.237-7998, Training for Contractor Personnel Interacting with
Detainees, 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 acquisition of services if—

(a) The clause at 252.225-7040, Contractor Personnel Supporting U.S. Armed
Force(s) Deployed Outside the United States, is included in the solicitation or contract;
or

(b) The services will be performed at a facility holding detainees, and contractor
personnel in the course of their duties may be expected to interact with the detainees.

Current Text (RFO)

TRAINING FOR CONTRACTOR PERSONNEL INTERACTING WITH DETAINEES
(DEVIATION 2026-O0023) (FEB 2026)

(a) Definitions. As used in this clause—

"Combatant Commander" means the commander of a unified or specified
combatant command established in accordance with 10 U.S.C. 161.

"Detainee" means a person in the custody or under the physical control of the
Department of Defense on behalf of the United States Government as a result of armed
conflict or other military operation by United States armed forces.

"Personnel interacting with detainees" means personnel who, in the course of
their duties, are expected to interact with detainees.

(b) Training requirement. This clause implements Section 1092 of the National
Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108-375).

(1) The Combatant Commander responsible for the area where a detention or
interrogation facility is located will arrange for training to be provided to contractor
personnel interacting with detainees. The training will address the international
obligations and laws of the United States applicable to the detention of personnel,
including the Geneva Conventions. The Combatant Commander will arrange for a
training receipt document to be provided to personnel who have completed the training.

(2)(i) The Contractor shall arrange for its personnel interacting with detainees
to—

(A) Receive the training specified in paragraph (b)(1) of this clause—

(1) Prior to interacting with detainees, or as soon as possible if, for
compelling reasons, the Contracting Officer authorizes interaction with detainees prior
to receipt of such training; and

(2) Annually thereafter; and

(B) Provide a copy of the training receipt document specified in paragraph
(b)(1) of this clause to the Contractor for retention.

(ii) To make these arrangements, the following points of contact apply:

[Contracting Officer to insert applicable contact information cited in PGI 237.871-3(b).]

(3) The Contractor shall retain a copy of the training receipt document(s)
provided in accordance with paragraphs (b)(1) and (2) of this clause until the contract is
closed, or 3 years after all work required by the contract has been completed and
accepted by the Government, whichever is sooner.

(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)