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ARTICLE · 17 AUGUST 2012

FAR Council Issues Proposed Rule on Private Security Contractors Supporting US Government Programs Abroad

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On July 23, 2012, the Federal Acquisition Regulation (FAR) Council issued a proposed rule, which would amend the FAR to implement Government-wide requirements in National Defense Authorization Acts (NDAAs) that establish minimum processes and requirements for the selection, accountability, training, equipping, and conduct of personnel performing private security functions outside the United States.

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On July 23, 2012, the Federal Acquisition Regulation (FAR) Council issued a proposed rule, which would amend the FAR to implement Government-wide requirements in National Defense Authorization Acts (NDAAs) that establish minimum processes and requirements for the selection, accountability, training, equipping, and conduct of personnel performing private security functions outside the United States.  The rule sets forth contract language and FAR coverage similar to an existing DFARS provision that establishes standards and requirements for DoD contractors performing private security services in battle space and contingency operations areas.  The proposed rule will not supersede the DFARS Rule, nor address non-DOD contractors' operations in contingency operations that have not been designated for enhanced PSC coordination, but DoD ultimately plans to align the DFARS rule with the final FAR rule to eliminate any overlap.

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