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FAR and DFARS › DFARS Part 225: Foreign Acquisition › Subpart 225.3

DFARS 225.302-6 Contract clause.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section tells contracting officers which clause to use when private security functions will be performed outside the United States. It says to use DFARS clause 252.225-7039 instead of the similar FAR clause 52.225-26, including for commercial product and commercial service acquisitions under FAR part 12. It applies when the work falls into one of five listed operation types.

Applies to: Solicitations and contracts for private security functions performed outside the United States

What it requires

  • Use DFARS clause 252.225-7039 instead of FAR clause 52.225-26 in the listed solicitations and contracts
  • Apply this rule even when using FAR part 12 procedures for commercial products and commercial services

Key terms: private security functions · contingency operations · combat operations · peace operations · Combatant Commander

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

Use the clause at 252.225-7039, Defense Contractors Performing Private Security Functions Outside the United States, instead of FAR clause 52.225-26, Contractors Performing Private Security Functions Outside the United States, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, when private security functions are to be performed outside the United States in—

(1) Contingency operations;

(2) Combat operations, as designated by the Secretary of Defense;

(3) Other significant military operations (as defined in 32 CFR part 159), designated by the Secretary of Defense, and only upon agreement of the Secretary of Defense and the Secretary of State;

(4) Peace operations, consistent with Joint Publication 3-07.3; or

(5) Other military operations or military exercises, when designated by the Combatant Commander.

Sections it refers to

  • 252.225-7039 Defense Contractors Performing Private Security Functions Outside the United States.
  • 52.225-26 Contractors Performing Private Security Functions Outside the United States.

Sections that refer to it

  • 212.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services.
  • 252.225-7039 Defense Contractors Performing Private Security Functions Outside the United States.

← 225.302 Contractors performing private security functions outside the United States. · 225.370 Contracts requiring performance or delivery in a foreign country. →

Rule changes for DFARS Part 225

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 225.302-6 Contract clause · SpendQuery