52.225-20
Prohibition on Conducting Restricted Business Operations in Sudan-Certification
Submitting an offer under FAR 52.225-20 is itself a certification that your company does not conduct prohibited restricted business operations in Sudan, so contractors must verify and document any Sudan-related activities before bidding.
Overview
- FAR 52.225-20 is a solicitation provision requiring an offeror to certify, by submitting its offer, that it does not conduct restricted business operations in Sudan.
- Its purpose is to prevent the Federal Government from contracting with entities engaged in certain Sudan-related activities identified by statute, while recognizing limited exceptions.
Key Rules
- Definitions
- The provision defines business operations broadly to include virtually any commercial activity involving equipment, facilities, personnel, products, services, or property.
- Restricted business operations in Sudan include power production, mineral extraction, oil-related activities, and production of military equipment, as defined in the Sudan Accountability and Divestment Act of 2007.
- Exceptions to restricted business operations
- Operations are not considered restricted if they are directly and exclusively with the regional government of southern Sudan, specifically authorized by OFAC or exempt by law, support marginalized populations, peacekeeping or humanitarian organizations, promote health or education only, or have been voluntarily suspended.
- Certification by offer submission
- By merely submitting an offer, the offeror certifies compliance; no separate signature block is described in this text.
Responsibilities
- Contracting Officers: Include the provision when prescribed by FAR 25.1103(d) and rely on the offeror’s certification in the solicitation process.
- Contractors: Review Sudan-related operations and ensure no disqualifying restricted business operations exist before submitting an offer.
- Agencies: Enforce statutory sourcing and responsibility restrictions through solicitation provisions.
Practical Implications
- This provision creates a pre-award eligibility screen tied to sanctions-related policy.
- Contractors with international affiliates or energy, mining, or defense-related activities should carefully document whether any Sudan operations fall within an exception.
- A common pitfall is assuming humanitarian or authorized activities are automatically exempt without maintaining support for that conclusion.