Remedies
False certifications regarding Sudan business operations can result in contract termination, suspension, or debarment for up to three years.
Overview
FAR 25.702-3 outlines the remedies available to the government when a contractor is found to have made a false certification regarding restricted business operations in Sudan. This section empowers contracting officers and agency officials to take significant actions against contractors who violate the certification requirements under FAR 25.702-2, including contract termination, suspension, and debarment. The remedies are designed to enforce compliance with U.S. sanctions and foreign policy objectives related to Sudan.
Key Rules
- Contract Termination
- The contracting officer may terminate the contract if a false certification is determined.
- Suspension
- The suspending and debarring official may suspend the contractor following procedures in FAR subpart 9.4.
- Debarment
- The suspending and debarring official may debar the contractor for up to three years, also following FAR subpart 9.4 procedures.
Responsibilities
- Contracting Officers: Must act to terminate contracts upon determination of a false certification.
- Contractors: Must ensure all certifications regarding Sudan business operations are truthful and accurate.
- Agencies: Must follow due process for suspension and debarment as outlined in FAR subpart 9.4.
Practical Implications
- This section exists to deter and penalize false certifications related to Sudan sanctions compliance.
- Contractors risk severe consequences, including loss of contracts and exclusion from future government business, if found noncompliant.
- Common pitfalls include inadequate due diligence or misrepresentation in certification statements.