Violation of Arms Control Treaties or Agreements-Certification
Offerors must certify they have not contributed to foreign violations of arms control agreements or face serious consequences, including contract termination and debarment, for false statements.
Overview
FAR 52.209-13 requires offerors to certify that neither they nor their owned/controlled entities have engaged in activities contributing to a foreign country’s violation of arms control, nonproliferation, or disarmament agreements, as determined by the President or Secretary of State. This provision applies to acquisitions above the simplified acquisition threshold and excludes commercial products and services. Offerors must review the most recent unclassified annual report to Congress (per the Arms Control and Disarmament Act) to determine if their activities are implicated. If unable to certify compliance, offerors must provide specific information regarding waivers or cessation of activities. False certifications can result in contract termination, suspension, or debarment.
Key Rules
- Applicability
- Applies to non-commercial acquisitions above the simplified acquisition threshold.
- Certification Requirement
- Offerors must certify they and their controlled entities have not contributed to violations or provide information if unable to certify.
- Review of Annual Report
- Offerors must consult the annual unclassified report to identify relevant foreign countries and activities.
- Submission of Offer
- Offers cannot be submitted without the required certification or supporting information regarding waivers or cessation.
- Remedies for False Certification
- False certifications may lead to contract termination, suspension, or debarment.
Responsibilities
- Contracting Officers: Ensure inclusion of the provision and verify offeror certifications.
- Contractors: Review the annual report, complete the certification accurately, and provide supporting information if necessary.
- Agencies: Oversee compliance and enforce remedies for false certifications.
Practical Implications
- Ensures U.S. contractors do not support foreign violations of arms control agreements.
- Requires due diligence and documentation review by offerors.
- False certifications carry significant risks, including loss of contract and exclusion from future government work.