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DoD Issues Final Rule About Contractor Personnel In The Battlefield

May 10, 2005

DOD issued a final rule on May 5, 2005, addressing performance issues associated with contractor personnel deploying or otherwise providing in-theater support of U.S. military forces during operations outside of the United States. The new clause, among other things, addresses the military’s in-country provision of security and support to contractor personnel and contains an express assumption of risk in connection with performing in “dangerous and austere” conditions, but DOD removed all references that appeared in the proposed rule that would have granted the Combatant Commander or ranking military commander authority to change a contract.

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David C. Hammond
Partner – Washington, D.C.
Phone: +1.202.624.2510