Waiver
A waiver from the Sudan contracting prohibition requires a rigorous, multi-agency review and Presidential certification that the contract is in the national interest, with detailed justification and semiannual Congressional reporting.
Overview
FAR 25.702-4 outlines the process and requirements for obtaining a waiver from the prohibition on contracting with entities that conduct restricted business operations in Sudan. The President may grant such waivers on a case-by-case basis if it is determined to be in the national interest, with written certification to Congress. Agencies must submit waiver requests to the Office of Federal Procurement Policy (OFPP), which coordinates with key national security and foreign policy offices before making a recommendation. Waivers can be requested for individual contracts or classes of supplies, but are not indefinite and may be cancelled. Detailed information and justification must accompany each request, including market research, past performance, and humanitarian considerations. OFPP reports to Congress semiannually on waivers granted.
Key Rules
- Presidential Waiver Authority
- Only the President can waive the prohibition, and only if it is certified in writing as being in the national interest.
- Waiver Request Process
- Agencies must submit requests to OFPP, which consults with relevant national security and foreign policy offices.
- Types of Waivers
- Waivers may be individual or class-based, but class waivers require proof that no other sources are available and must serve the national interest.
- Required Documentation
- Requests must include detailed agency and offeror information, justification, market research, past performance, and humanitarian impact.
- Agency Head Review
- All waiver requests must be reviewed and cleared by the agency head before submission.
- Congressional Reporting
- OFPP must report to Congress semiannually on all waivers granted.
Responsibilities
- Contracting Officers: Ensure all required information and justifications are included in waiver requests and that agency head approval is obtained.
- Contractors: Provide necessary information and documentation to support the agency’s waiver request, including past performance and humanitarian efforts.
- Agencies: Submit complete waiver requests to OFPP, coordinate internal reviews, and track waiver status and reporting obligations.
Practical Implications
- This section provides a narrow path for exceptions to the Sudan contracting prohibition, requiring high-level justification and oversight.
- Agencies must plan ahead due to the lengthy review and approval process.
- Incomplete or poorly justified requests are likely to be denied, and waivers can be revoked if circumstances change.