DFARS 216.405-2-71 Award fee reduction or denial for failure to comply with requirements relating to performance of private security functions
Subsection Defense Federal Acquisition Regulation Supplement
Facts
- Citation
- DFARS 216.405-2-71
- Type
- Subsection
- Supplements
- FAR 16.405-2 Cost-plus-award-fee contracts
- Last amended
- 81 FR 42559 Effective Jun 30, 2016
- Text as of
- DFARS Change May 7, 2026
- Official text
- acquisition.gov
Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this subsection.
Text
(a) In accordance with section 862 of the National Defense Authorization Act for Fiscal Year 2008, as amended, the contracting officer shall include in any award-fee plan a requirement to review contractor compliance with, or violation of, applicable requirements of the contract with regard to the performance of private security functions in an area of contingency operations, complex contingency operations, or other military operations or exercises that are designated by the combatant commander (see 225.370 ).
(b) In evaluating the contractor’s performance under a contract that includes the clause at 252.225-7039 , Defense Contractors Performing Private Security Functions Outside the United States, the contracting officer shall consider reducing or denying award fees for a period if the contractor fails to comply with the requirements of the clause during such period. The contracting officer’s evaluation also shall consider recovering all or part of award fees previously paid for such period.
Federal Register history
Sections cited
- DFARS 225.370 Contracts requiring performance or delivery in a foreign country
- DFARS 252.225-7039 Defense Contractors Performing Private Security Functions Outside the United States
Quick answers
What is DFARS 216.405-2-71?
DFARS 216.405-2-71 is a subsection of the Defense Federal Acquisition Regulation Supplement, titled "Award fee reduction or denial for failure to comply with requirements relating to performance of private security functions".
When was DFARS 216.405-2-71 last changed?
The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement: Defense Contractors Performing Private Security Functions (DFARS Case 2015-D021)" (81 FR 42559), published Jun 30, 2016 and effective Jun 30, 2016.
Are changes to DFARS 216.405-2-71 proposed?
No proposed rule from the last 3 years is waiting on a final rule.
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