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FAR and DFARS › FAR Part 25: Foreign Acquisition › Subpart 25.3

FAR 25.302-5 Remedies.

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 describes remedies the Government may use if a contractor's private security personnel fail to comply with applicable requirements. The contracting officer can direct removal and replacement of personnel at the contractor's expense, record the failure in past performance databases, and reduce or deny award fees. Severe, prolonged, or repeated failures must be referred to the suspending and debarring official.

Applies to: Contractors with private security personnel performing under a covered contract

What it requires

  • Remove and replace noncompliant private security personnel at the contractor's expense if directed by the contracting officer.
  • Ensure private security personnel comply with applicable requirements to avoid past performance records and award fee reductions.

Key terms: private security functions · contracting officer · award-fee contracts · suspending and debarring official · past performance

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

The text

(a) In addition to other remedies available to the Government—

(1) The contracting officer may direct the contractor, at its own expense, to remove and replace any contractor or subcontractor personnel performing private security functions who fail to comply with or violate applicable requirements. Such action may be taken at the Government's discretion without prejudice to its rights under any other contract provision, e.g., termination for default;

(2) The contracting officer shall include the contractor's failure to comply with the requirements of this section in appropriate databases of past performance and consider any such failure in any responsibility determination or evaluation of past performance; and

(3) In the case of award-fee contracts, the contracting officer shall consider a contractor's failure to comply with the requirements of this subsection in the evaluation of the contractor's performance during the relevant evaluation period, and may treat such failure as a basis for reducing or denying award fees for such period or for recovering all or part of award fees previously paid for such period.

(b) If the performance failures are severe, prolonged, or repeated, the contracting officer shall refer the matter to the appropriate suspending and debarring official.

← 25.302-4 Policy. · 25.302-6 Contract clause. →

Rule changes for FAR Part 25

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

FAR 25.302-5 Remedies · SpendQuery