Working under the operational area clause

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1. Getting people in

The clause at FAR 52.225-19 governs contractor personnel working in a designated operational area or supporting a diplomatic or consular mission abroad. When the clause applies is covered in when the operational area clause applies. Once it does, its working rules start with movement. Personnel arriving from outside the area of performance must process through the departure center named in the contract, or another process the contracting officer directs (FAR 52.225-19). They must use the point of departure and mode of transport the contracting officer directs, and process through a reception center on arrival.

2. Keeping track of personnel

Unless the contract sets its own data rules, the contractor must keep a current list of all its personnel in the areas of performance with a designated government official (FAR 52.225-19). The contracting officer names that official and the system to use. Every employee on the list must have current emergency data, for notifying next of kin, on file with both the contractor and the government official.

The government can insist on changes in the workforce (FAR 52.225-19). The contracting officer may direct the contractor, at its own expense, to remove and replace any personnel who fail to comply with or violate the contract’s requirements. That can happen at the government’s discretion, without prejudice to its other rights, including termination for default or cause.

3. Weapons

Contracting officers follow agency procedures and the weapons policy of the combatant commander or chief of mission when authorizing contractor personnel to carry weapons (FAR 25.301-3). Carrying weapons needs authorization from the contracting officer, subject to approval by the combatant commander or chief of mission (FAR 52.225-19). If it is given, the contracting officer may let an approved contractor issue contractor-owned weapons and ammunition to specified employees. Alternatively, an official named in the contract, such as a contracting officer’s representative or regional security officer, may issue government-furnished weapons and ammunition for the contractor to issue. The contractor must give the contracting officer a list of the personnel for whom it seeks authorization.

Armed personnel must be adequately trained to carry and use weapons safely, with full understanding of and adherence to the rules on the use of force from the combatant commander or chief of mission (FAR 52.225-19). They must also follow agency policies, agreements, rules, regulations and other law. They must not be barred from possessing a firearm by 18 U.S.C. 922, and must follow all orders on possession, use, safety and accountability of weapons and ammunition. If authorization is revoked, government-furnished weapons and unused ammunition must be returned as directed. Whether or not weapons are government-furnished, all liability for their use rests solely with the contractor and the employee using them.

4. Licenses, clothing and protective gear

Personnel must hold the licenses needed to operate every vehicle or piece of equipment the contract requires in the area (FAR 52.225-19). They may not wear military clothing unless the combatant commander specifically authorizes it. If authorized, they must wear distinctive patches, armbands, nametags or headgear so they can be told apart from military personnel, consistent with force protection measures. They may wear specific items needed for safety and security, such as ballistic, nuclear, biological or chemical protective equipment.

5. Evacuation and recovery

If the chief of mission or combatant commander orders a mandatory evacuation, the government gives American and third country national contractor personnel the same level of help it gives private American citizens (FAR 52.225-19). Under a non-mandatory evacuation order, the contractor must keep enough personnel in place to meet its contractual obligations, unless the contracting officer tells it to evacuate.

If contractor personnel are isolated, missing, detained, captured or abducted, the government will assist in recovering them (FAR 52.225-19). Recovery may come through military action, action by non-governmental organizations, other approved action, diplomatic initiatives or a combination. The Defense Department has primary responsibility for recovering its own contract service employees, and supports other agencies on request under its personnel recovery directive, DoD Directive 2310.2.

6. When someone is lost

Three events trigger notices: an employee’s death, evacuation because of injury, or being isolated, missing, detained, captured or abducted. The contractor must then notify the employee’s designated next of kin, and as soon as possible the American consul for the area (FAR 52.225-19). It must also return the personal effects of deceased or missing personnel to next of kin where appropriate.

Mortuary arrangements depend on the awarding agency (FAR 52.225-19). For Defense Department contracts, remains are handled under DoD Directive 1300.22, the mortuary affairs policy. For other agencies’ contracts, the contractor must return remains from the point of identification to the place the employee or next of kin specifies. Under 10 U.S.C. 1486, the Defense Department may provide mortuary support for American citizens at the State Department’s request, on a reimbursable basis.

7. Changes and subcontracts

Beyond the usual changes clause, the contracting officer may at any time issue a written change order altering the place of performance or government-furnished facilities, equipment, material, services or site (FAR 52.225-19). Such orders follow the changes clause. The contractor must flow the substance of the clause down to every subcontract that requires subcontractor personnel to perform in the same settings. A parallel Defense Department clause for personnel supporting deployed forces is covered in supporting deployed forces under DFARS 252.225-7040.

8. Force protection on Defense contracts

Defense contracts that require performance or travel outside the United States carry a separate antiterrorism and force protection clause, DFARS 252.225-7043 (DFARS 225.372-2). It applies to commercial acquisitions too, but not to contracts with foreign governments, their representatives or corporations they wholly own. Under it, the contractor and its subcontractors abroad must do four things (DFARS 252.225-7043). American entities must affiliate with the Overseas Security Advisory Council. American nationals in the country on a non-transitory basis must register with the embassy, and third country nationals must meet their own embassy’s security requirements. Personnel must receive antiterrorism and force protection awareness information comparable to what the Department gives its own people, where it can be made available before travel. The contractor must also obtain and follow the most current guidance.

Key terms

Reception center	The point where arriving contractor personnel are processed into the area.
Emergency data	The record used to notify next of kin, held by both contractor and government.
Rules on the use of force	The rules set by the combatant commander or chief of mission for armed personnel.
Mandatory evacuation	An ordered departure in which contractors get the help given to private citizens.
Personnel recovery	Action to recover isolated, missing, detained, captured or abducted personnel.

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

Movement, recovery and life support are where these rules meet the ground. 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.