FAR 25.702-2—Certification.
Plain-English Summary
FAR 25.702-2 implements the Sudan Accountability and Divestment Act of 2007 by requiring each offeror to certify whether it conducts restricted business operations in Sudan. In practice, this section is a procurement eligibility and representation requirement tied to a specific foreign policy and sanctions-related concern: the U.S. Government does not want to award contracts to firms that are engaged in certain prohibited or disfavored commercial activities in Sudan. The section is narrow in scope, but important because it affects offer preparation, responsibility/eligibility screening, and the accuracy of representations made to the Government. It also signals to contractors that Sudan-related business activities can have direct federal contracting consequences, including the need to review corporate operations, affiliates, and supply chain relationships before submitting an offer. For contracting officers, it is a compliance checkpoint that must be addressed in the solicitation and evaluated as part of the offeror’s certification. For offerors, it means they must know their own business activities well enough to make a truthful certification and avoid misrepresentation.
Key Rules
Certification is mandatory
Each offeror must certify whether it conducts restricted business operations in Sudan. This is not optional and is required by the statute implemented through this FAR provision.
Applies to every offeror
The requirement is directed at each offeror submitting an offer under the covered procurement. The certification must be made by the entity seeking award, not merely by a parent company or subcontractor unless their activities are relevant to the offeror’s representation.
Focus on restricted Sudan operations
The only subject of the certification is whether the offeror conducts restricted business operations in Sudan. The section does not itself define the full scope of those operations, so offerors must rely on the statute and any solicitation instructions to determine what activities are covered.
Truthful representation required
The certification is a formal statement to the Government and must be accurate at the time of offer. A false certification can create serious procurement and legal consequences, including potential rejection of the offer or post-award remedies.
Statutory basis controls
This requirement exists because the Sudan Accountability and Divestment Act of 2007 mandates it. If there is any tension between general business practices and this certification, the statute and implementing procurement rules govern the representation.
Responsibilities
Offeror
Review its business operations before submitting an offer and certify whether it conducts restricted business operations in Sudan. The offeror must ensure the certification is complete, accurate, and supported by internal due diligence.
Contracting Officer
Include and administer the certification requirement in the solicitation and evaluate whether the offeror has provided the required representation. The contracting officer must treat the certification as a required compliance item for the procurement.
Agency
Implement the statutory requirement through procurement policy and solicitation language, and ensure acquisition personnel apply the certification consistently. The agency must also maintain compliance with the underlying Sudan-related restrictions in its contracting process.
Practical Implications
Offerors should screen corporate activities, affiliates, and relevant business lines before certifying, because the statement is based on actual operations, not just intent.
A common pitfall is assuming the requirement only applies to direct operations in Sudan; contractors should verify whether any restricted business activity exists through subsidiaries, divisions, or other controlled entities.
If the certification is omitted or answered incorrectly, the offer may be found nonresponsive or otherwise ineligible depending on the procurement context and solicitation terms.
Contracting officers should confirm the solicitation includes the certification and should not overlook it as a routine formality, because it is tied to a specific statutory restriction.
Because this is a representation with legal consequences, contractors should document the basis for their certification in case the Government later questions the accuracy of the statement.
Official Regulatory Text
As required by the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174), each offeror must certify that it does not conduct restricted business operations in Sudan.