When the operational area clause applies

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1. Where the rule applies

Subpart 25.3 of the Federal Acquisition Regulation (FAR) covers contracts that send contractor personnel to work in dangerous places abroad. It applies to contracts requiring contractor personnel to perform outside the United States in two settings (FAR 25.301-1). The first is a designated operational area during contingency operations, humanitarian or peacekeeping operations, or other military operations or exercises designated by the combatant commander. The second is support to a diplomatic or consular mission that the State Department has designated a danger pay post, or that the contracting officer decides should be covered.

Operations in a designated operational area may include stability operations (FAR 25.301-1). The regulation’s examples are establishing or maintaining a safe and secure environment, and providing emergency infrastructure reconstruction, humanitarian relief or essential government services until they can pass to local government. That section does not apply to personal services contracts, unless agency procedures say otherwise.

2. The clause and its definitions

Contracting officers must insert the clause at FAR 52.225-19 in solicitations and contracts that require contractor personnel to perform in those settings (FAR 25.301-4). Personal service contracts with individuals are excluded, though Defense contracts reverse that rule (DFARS 225.301-4). The clause, dated May 2020, defines its key terms (FAR 52.225-19). A designated operational area is a geographic area the combatant commander or a subordinate joint force commander designates for conducting or supporting specified military operations. Supporting a diplomatic or consular mission means performing outside the United States under a contract administered by federal personnel subject to the direction of a chief of mission.

A chief of mission is the principal officer in charge of an American diplomatic mission, or of an office abroad the Secretary of State designates as diplomatic (FAR 52.225-19). The term includes anyone temporarily in charge under section 502(c) of the Foreign Service Act of 1980 (FAR 52.225-19). A combatant commander is the commander of a unified or specified combatant command under 10 U.S.C. 161.

3. Risk, status and force

The clause is direct about conditions. Contract performance may require work in dangerous or austere conditions, and except as the contract provides otherwise, the contractor accepts the risks of required performance (FAR 52.225-19). Contractor personnel are civilians. They may use deadly force only in self-defense, consistent with the clause’s weapons rules, with one exception. Personnel performing security functions may also use deadly force when it reasonably appears necessary to carry out their security mission to protect assets or persons, consistent with the contract or their job description and terms of employment. Their service does not count as active duty or service under 38 U.S.C. 106 note.

4. Who provides support

The default is self-sufficiency. Generally, contractors provide their own logistical and security support, including for their employees (FAR 25.301-2). An agency provides logistical or security support only when the appropriate official, following agency guidance, decides two things. Government support must be available and needed to keep essential contractor services going. The contractor must also be unable to get adequate support elsewhere at a reasonable cost. The contracting officer must state the exact support in the contract, and in the solicitation if possible, with whether it is reimbursable and the authority for reimbursement.

The clause repeats the point. Unless the contract says otherwise, the contractor is responsible for all logistical and security support its personnel need (FAR 52.225-19). Weapons authorizations follow agency procedures and the weapons policy of the combatant commander or chief of mission (FAR 25.301-3). Weapons and the rest of the clause’s working rules are covered in working under the operational area clause.

5. Laws and orders to follow

The contractor must comply with, and make sure its personnel know and comply with, four sets of rules (FAR 52.225-19). They are American, host country and third country laws; treaties and international agreements; American regulations, directives, instructions, policies and procedures; and force protection, security, health and safety orders from the chief of mission or combatant commander. Only the contracting officer may change the contract’s terms.

6. Before anyone deploys

Before personnel leave the United States or a third country, and before host country residents start work, the contractor must make sure of seven things (FAR 52.225-19). Security and background checks must be complete and acceptable. Personnel must be medically and physically fit and have received all required vaccinations. They must hold all passports, visas, entry permits and other documents needed to enter and leave the country, including for countries in transit. They must have any country or special area clearance the chief of mission requires, and any theater clearance the combatant commander requires.

Personnel must also have personal security training (FAR 52.225-19). It must at least cover safety and security issues facing employees overseas, contingency planning, and appropriate use of security personnel and resources. Isolated personnel training is needed if the contract specifies it. Isolated personnel are military or civilian personnel cut off from their unit or organization who must survive, evade or escape while awaiting rescue or recovery. American citizens must register with the embassy or consulate covering the area of operations. The statement of work or another part of the contract sets the specific requirements for the first six items.

7. Criminal jurisdiction notices

The contractor must tell personnel who are not host country nationals or ordinarily resident there about three laws (FAR 52.225-19). For Defense Department contracts or work supporting its mission abroad, employees and dependents living with them may potentially be subject to American criminal jurisdiction under the Military Extraterritorial Jurisdiction Act of 2000. That covers conduct abroad that would be punishable by more than a year in prison if committed within the special maritime and territorial jurisdiction of the United States. The War Crimes Act extends federal jurisdiction to war crimes by civilian American nationals. Other laws allow prosecution of American nationals for offenses on the premises of American missions abroad.

Key terms

Designated operational area	An area a combatant commander designates for specified military operations.
Danger pay post	A post the State Department designates for danger pay, which brings mission support contracts under the clause.
Chief of mission	The principal officer in charge of an American diplomatic mission or office.
Theater clearance	Permission from the combatant commander to enter the area of operations.
Isolated personnel	People cut off from their organization who must survive and evade until recovered.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Contractor teams in these settings need movement, security and life support that hold up. Sentfore works at the delivery end of defense programs in difficult environments, providing secure movement, protective security, facilities and life support. Requirements can be sent through the contact page.