Definitions
This section defines key terms that determine whether a contractor's activities in Sudan are prohibited or exempt under federal contracting rules.
Overview
FAR 25.702-1 provides definitions for key terms used in the prohibition on contracting with entities that conduct restricted business operations in Sudan. These definitions clarify which Congressional committees are relevant, what constitutes business operations, who are considered marginalized populations of Sudan, and what activities are classified as restricted business operations. The section also outlines exceptions to the definition of restricted business operations, such as activities conducted under certain contracts, authorizations, or for humanitarian purposes.
Key Rules
- Appropriate Congressional Committees
- Specifies the Senate and House committees relevant to reporting and oversight under this regulation.
- Business Operations
- Broadly defines business operations to include virtually any commercial activity in Sudan.
- Marginalized Populations of Sudan
- Identifies specific groups and regions in Sudan that are considered marginalized for the purposes of this regulation.
- Restricted Business Operations
- Defines which business activities in Sudan are prohibited, with detailed exceptions for certain humanitarian, governmental, or authorized activities.
Responsibilities
- Contracting Officers: Must use these definitions to determine contractor eligibility and compliance with Sudan-related prohibitions.
- Contractors: Must understand and accurately represent their business activities in Sudan according to these definitions.
- Agencies: Ensure oversight and reporting align with the defined terms, especially when exceptions or Congressional notifications are involved.
Practical Implications
- These definitions are critical for interpreting and applying the prohibition on contracting with entities involved in restricted business operations in Sudan.
- Contractors must carefully assess their activities to determine if they fall under restricted business operations or qualify for an exception.
- Misinterpretation of these terms can lead to noncompliance, ineligibility for federal contracts, or legal consequences.