FAR Council proposes rule for overseas contractors

Monday - 7/23/2012, 7:15pm EDT

Taeja Smith
Special to Federal News Radio

The Federal Acquisition Regulations Council is proposing to increase the oversight of contractors abroad in combat operations.

The proposed rule, which the FAR Council issued Monday, will require contracting officers to look at the past-performance database and evaluate any performance highlights before giving the vendor a bonus under an award-fee contact. If the contractor has a history of failure under the acquisition, the rule would require the contracting officer to refer the matter to the suspension and debarment official.

The proposed rule would hold contractors accountable for the selection of personnel, their training and equipping, and their actions under law. In addition, the proposal would not apply to private security functions outside the areas that are not designated by the Secretary of Defense as combat operations or significant military operations.

Congress mandated the FAR Council to propose the change as part of the fiscal 2011 National Defense Authorization Act.

Under the proposal, contractor personnel must report any incidents where the contractor fires their weapon, is attacked, kills personnel or destroys property. In addition, contractors must comply with any government-authorized investigation into incidents.

If contract personnel violate the proposed rule, the government can tell the vendor to replace or remove the workers.

The exemptions under this coverage are contracts in support of intelligence activities and temporary arrangements by non-DoD contractors by a non-affiliated local or security company.

Comments are due by Sept. 21, 2012.

Taeja Smith is an intern with Federal News Radio.

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Tags: Acquisition Acquisition policy Industry Overseas contractors FAR Council Taeja Smith