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FAR and DFARS › DFARS Part 237: Service Contracting › Subpart 237.1

DFARS 237.173-3 Policy.

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 prohibits contractor personnel from interrogating detainees. It allows contractor personnel with proper training and security clearances to fill certain ancillary roles in detainee interrogations, such as linguists, interpreters, report writers, IT technicians, trainers, and advisors to interrogators, but only if they are subject to the same laws, rules, procedures, and policies as Government personnel in those roles and if qualified DoD personnel oversee the contractor's performance to ensure prohibited activities are not performed.

Applies to: Contractor personnel involved in detainee interrogations

What it requires

  • Do not interrogate detainees.
  • Ensure contractor personnel used in ancillary interrogation roles are subject to the same laws, rules, procedures, and policies as Government personnel in such positions.
  • Ensure appropriately qualified and trained DoD personnel oversee the contractor's performance to prevent prohibited activities.

Key terms: detainee · interrogation · contractor personnel · linguists · interpreters

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

The text

(a) No detainee may be interrogated by contractor personnel.

(b) Contractor personnel with proper training and security clearances may be used as linguists, interpreters, report writers, information technology technicians, and other employees filling ancillary positions, including as trainers of and advisors to interrogators, in interrogations of detainees if—

(1) Such personnel are subject to the same laws, rules, procedures, and policies (including DoD Instruction 1100.22, Policy and Procedures for Determining Workforce Mix (http://www.dtic.mil/whs/directives/corres/pdf/110022p.pdf); DoD Directive 2310.01E, The Department of Defense Detainee Program (http://www.dtic.mil/whs/directives/corres/pdf/231001p.pdf); and DoD Directive 3115.09, DoD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning (http://www.dtic.mil/whs/directives/corres/pdf/311509p.pdf)); pertaining to detainee operations and interrogations as those that apply to Government personnel in such positions in such interrogations; and

(2) Appropriately qualified and trained DoD personnel (military or civilian) are available to oversee the contractor's performance and to ensure that contractor personnel do not perform activities that are prohibited under this section.

Sections that refer to it

← 237.173-2 Definitions. · 237.173-4 Waiver. →

Rule changes for DFARS Part 237

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

DFARS 237.173-3 Policy · SpendQuery