9.109
Prohibition on contracting with an entity involved in activities that violate arms control treaties or agreements with the United States
Contractors must certify they are not involved in activities that violate U.S. arms control treaties or agreements to be eligible for federal contracts.
Overview
FAR 9.109 establishes a prohibition on awarding contracts to entities that are involved in activities violating arms control treaties or agreements to which the United States is a party. This section outlines the legal authority for the prohibition, details the specific restrictions, provides for limited exceptions, and requires offerors to certify their compliance. The regulation also mandates the inclusion of a solicitation provision to ensure offerors are aware of and attest to these requirements.
Key Rules
- Prohibition on Contracting
- Agencies are prohibited from contracting with entities engaged in activities that violate arms control treaties or agreements with the U.S.
- Certification Requirement
- Offerors must certify that neither they nor any entity they own or control are involved in such prohibited activities.
- Exception
- The regulation allows for specific exceptions, which must be justified and documented according to the procedures outlined in the section.
- Solicitation Provision
- Solicitations must include a provision requiring offerors to provide the necessary certification.
Responsibilities
- Contracting Officers: Must ensure no contracts are awarded to prohibited entities, include the required solicitation provision, and verify certifications.
- Contractors: Must accurately certify compliance regarding arms control treaty violations and ensure no involvement in prohibited activities.
- Agencies: Must oversee compliance, process exceptions where applicable, and maintain documentation.
Practical Implications
- This regulation exists to uphold U.S. commitments to arms control treaties and agreements, ensuring federal funds do not support violators.
- It impacts daily contracting by requiring additional due diligence and certifications from offerors.
- Common pitfalls include failure to obtain or verify certifications, or misunderstanding the scope of prohibited activities.