DFARS 237.173-3 Policy

Subsection Defense Federal Acquisition Regulation Supplement

Facts

Citation
DFARS 237.173-3
Type
Subsection
Supplements
FAR Subpart 37.1 Service Contracts-General
Last amended
75 FR 67632 Effective Nov 3, 2010
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) 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.

Federal Register history

Quick answers

What is DFARS 237.173-3?

DFARS 237.173-3 is a subsection of the Defense Federal Acquisition Regulation Supplement, titled "Policy".

When was DFARS 237.173-3 last changed?

The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement; Prohibition on Interrogation of Detainees by Contractor Personnel (DFARS Case 2010-D027)" (75 FR 67632), published Nov 3, 2010 and effective Nov 3, 2010.

Are changes to DFARS 237.173-3 proposed?

No proposed rule from the last 3 years is waiting on a final rule.

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