25.1103
Other provisions and clauses
FAR 25.1103 mandates the inclusion of specific clauses and provisions in solicitations and contracts to ensure compliance with restrictions on foreign purchases, translations, currency offers, and activities related to Sudan and Iran.
Overview
FAR 25.1103 outlines specific solicitation provisions and contract clauses that must be included in government contracts involving foreign purchases, translations, foreign currency offers, and compliance with U.S. sanctions. The section mandates the use of certain FAR clauses to ensure compliance with restrictions on foreign purchases, address translation inconsistencies, evaluate foreign currency offers, and certify that contractors are not engaged in prohibited activities related to Sudan and Iran. Contracting officers are responsible for inserting the appropriate clauses and provisions based on the nature of the solicitation or contract.
Key Rules
- Restrictions on Certain Foreign Purchases
- Clause 52.225-13 must be included in most solicitations and contracts to restrict purchases from certain foreign sources, unless an exception applies.
- Translations
- Clause 52.225-14 is required if the contract is expected to be translated into another language, addressing inconsistencies between English and translated versions.
- Foreign Currency Offers
- Provision 52.225-17 must be included in solicitations allowing offers in currencies other than the specified one, and must state the source for currency conversion rates.
- Prohibition on Restricted Business Operations in Sudan
- Provision 52.225-20 is required in solicitations for non-commercial products or services, certifying that the offeror does not conduct restricted business in Sudan.
- Prohibition on Contracting with Entities Engaging in Certain Activities Relating to Iran
- Provision 52.225-25 must be included in all solicitations, requiring representation and certification regarding activities or transactions relating to Iran.
Responsibilities
- Contracting Officers: Must ensure the correct clauses and provisions are included in solicitations and contracts based on the contract's subject matter and requirements.
- Contractors: Must comply with the restrictions, provide required certifications, and ensure accuracy in representations regarding foreign business activities.
- Agencies: Oversee compliance with U.S. laws and regulations regarding foreign purchases and sanctioned countries.
Practical Implications
- This section ensures that U.S. government contracts comply with legal restrictions on foreign purchases and sanctioned countries, and that currency and translation issues are addressed up front. Failure to include or comply with these clauses can result in non-compliance, contract disputes, or legal penalties. Contractors should be aware of these requirements when bidding on or performing government contracts involving foreign elements.