52.225-20
Prohibition on Conducting Restricted Business Operations in Sudan-Certification
Offerors must certify they do not conduct restricted business operations in Sudan to be eligible for federal contracts.
Overview
FAR 52.225-20 requires offerors to certify that they do not conduct restricted business operations in Sudan as a condition of contract eligibility. This provision is part of U.S. government efforts to enforce sanctions and promote accountability regarding Sudan, particularly in relation to human rights and conflict-affected regions. The regulation defines key terms such as “business operations,” “marginalized populations of Sudan,” and “restricted business operations,” and outlines specific exceptions where certain activities in Sudan are not considered restricted. Contractors must understand these definitions to ensure compliance and avoid inadvertent violations.
Key Rules
- Certification Requirement
- Offerors must certify, as part of their offer, that they do not conduct restricted business operations in Sudan.
- Definitions and Exceptions
- The provision defines what constitutes restricted business operations and lists exceptions, such as activities authorized by the U.S. Treasury or those benefiting marginalized populations or humanitarian efforts.
Responsibilities
- Contracting Officers: Must include this provision in solicitations as prescribed and verify that offerors provide the required certification.
- Contractors: Must review their business activities, ensure they do not engage in restricted operations in Sudan, and truthfully certify compliance when submitting offers.
- Agencies: Oversee compliance and ensure that contracts are not awarded to entities violating this prohibition.
Practical Implications
- This provision exists to enforce U.S. sanctions and ethical standards regarding Sudan.
- Contractors must conduct due diligence on their international operations to avoid disqualification.
- Misrepresentation or failure to comply can result in offer rejection, contract termination, or legal penalties.