---
kind: "section"
citation: "48 C.F.R. § 25.302-3"
title: "48"
number: "25.302-3"
heading: "Applicability."
url: "https://uscodex.org/cfr/48/25.302-3"
---

# §25.302-3. Applicability.

- (a) This section applies to contracts that require performance outside the United States—
  - (1) In an area of combat operations as designated by the Secretary of Defense; or
  - (2) In an area of other significant military operations as designated by the Secretary of Defense, and only upon agreement of the Secretary of Defense and the Secretary of State.
- (b) **These designations can be found at <I>http—** //www.acq.osd.mil/dpap/pacc/cc/designated_areas_of_other_significant_military_operations.html and http://www.acq.osd.mil/dpap/pacc/cc/designated_areas_of_combat_operations.html.
- (c) When the applicability requirements of this subsection are met, contractors and subcontractors must comply with [32 CFR part 159](/cfr/32/part159.md), whether the contract is for the performance of private security functions as a primary deliverable or the provision of private security functions is ancillary to the stated deliverables.
- (d) The requirements of [section 25.302](/cfr/48/25.302.md) shall not apply to—
  - (1) Contracts entered into by elements of the intelligence community in support of intelligence activities; or
  - (2) Temporary arrangements entered into on a non-DoD contract for the performance of private security functions by individual indigenous personnel not affiliated with a local or expatriate security company. These temporary arrangements must still comply with local law.

## Notes

### Amendments

[78 FR 37672, June 21, 2013, as amended at 81 FR 67777, Sept. 30, 2016]

### Source

Source: 73 FR 10957, Feb. 28, 2008, unless otherwise noted.

### Authority

Authority: 41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 64 FR 72419, Dec. 27, 1999, unless otherwise noted.

### Amendments

[78 FR 37672, June 21, 2013, as amended at 81 FR 67777, Sept. 30, 2016]