Federal Acquisition Regulation; FAR Case 2008-004, Prohibition on Restricted Business Operations in Sudan and Imports from Burma, 33636-33640 [E8-13154]
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Federal Register / Vol. 73, No. 114 / Thursday, June 12, 2008 / Rules and Regulations
and National Aeronautics and Space
Administration (NASA).
ACTION: Summary presentation of
interim rule.
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
This document summarizes
the Federal Acquisition Regulation
(FAR) rule agreed to by the Civilian
Agency Acquisition Council and the
Defense Acquisition Regulations
Council in this Federal Acquisition
Circular (FAC) 2005–26. A companion
document, the Small Entity Compliance
Guide (SECG), follows this FAC. The
FAC, including the SECG, is available
via the Internet at https://
www.regulations.gov/.
SUMMARY:
48 CFR Chapter 1
Docket FAR–2008–0003, Sequence 1
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–26;
Introduction
Department of Defense (DoD),
General Services Administration (GSA),
AGENCIES:
For effective dates and comment
dates, see separate documents which
follow.
DATES:
FOR FURTHER INFORMATION CONTACT For
clarification of content, contact the
analyst whose name appears in the table
below in relation to the FAR case.
Please cite FAC 2005–26, FAR Case
2008–004. Interested parties may also
visit our website at https://
www.regulations.gov. For information
pertaining to status or publication
schedules, contact the FAR Secretariat
at (202) 501–4755.
RULE LISTED IN FAC 2005–26
Item
Subject
I ............
Prohibition on Restricted Business Operations in Sudan and Imports from Burma (Interim) ........
A
summary of the FAR rule follows. For
the actual revisions and/or amendments
to this FAR case, refer to FAR Case
2008–004. FAC 2005–26 amends the
FAR as specified below:
SUPPLEMENTARY INFORMATION:
Prohibition on Restricted Business
Operations in Sudan and Imports from
Burma (FAR Case 2008–004) (Interim)
This interim rule amends FAR
Subparts 4.12, 15.1, 25.7, 25.11, and
Part 52 to implement Section 6 of the
Sudan Accountability and Divestment
Act of 2007, and Executive Orders
13310 and 13448. Section 6 requires
certification that the contractor does not
conduct certain business operations in
Sudan. This case also updates the list of
countries from which most imports are
prohibited, to reflect Burma as well as
Sudan.
Dated: June 6, 2008.
Al Matera,
Director, Office of Acquisition Policy.
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Dated: May 30, 2008.
David A. Drabkin,
Acting Chief Acquisition Officer & Senior
Procurement Executive, Office of the Chief
Acquisition Officer, U.S. General Services
Administration.
Dated: May 30, 2008.
William P. McNally,
Assistant Administrator for Procurement,
National Aeronautics and Space
Administration.
[FR Doc. E8–13151 Filed 6–11–08; 8:45 am]
BILLING CODE 6820–EP–S
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 4, 15, 25, and 52
Federal Acquisition Circular (FAC)
2005–26 is issued under the authority of
the Secretary of Defense, the
Administrator of General Services, and
the Administrator for the National
Aeronautics and Space Administration.
Unless otherwise specified, all
Federal Acquisition Regulation (FAR)
and other directive material contained
in FAC 2005-26 is effective June 12,
2008.
20:40 Jun 11, 2008
Dated: June 6, 2008.
Shay D. Assad,
Director, Defense Procurement, Acquisition
Policy, and Strategic Sourcing.
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
Federal Acquisition Circular
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FAR case
[FAC 2005–26; FAR Case 2008–004;Docket
2008–0001, Sequence 04]
RIN 9000–AL01
Federal Acquisition Regulation; FAR
Case 2008–004, Prohibition on
Restricted Business Operations in
Sudan and Imports from Burma
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
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2008–004
Analyst
Murphy.
Interim rule with request for
comments.
ACTION:
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) have agreed on an interim
rule amending the Federal Acquisition
Regulation (FAR) to implement Section
6 of the Sudan Accountability and
Divestment Act of 2007. Section 6
requires certification in each contract
entered into by an Executive agency,
that the contractor does not conduct
certain business operations in Sudan.
DATES: Effective Date: June 12, 2008.
Comment Date: Interested parties
should submit written comments to the
FAR Secretariat on or before August 11,
2008 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by FAC 2005–26, FAR case
2008–004, by any of the following
methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘FAR Case 2008–004’’ under
the heading ‘‘Comment or Submission’’.
Select the link ‘‘Send a Comment or
Submission’’ that corresponds with FAR
Case 2008–004. Follow the instructions
provided to complete the ‘‘Public
Comment and Submission Form’’.
Please include your name, company
name (if any), and ‘‘FAR Case 2008–
004’’ on your attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
Division (VPR), 1800 F Street, NW,
Room 4041, Washington, DC 20405.
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Instructions: Please submit comments
only and cite FAC 2005–26, FAR case
2008–004, in all correspondence related
to this case. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT Ms.
Meredith Murphy, Procurement
Analyst, at (202) 208–6925 for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at (202) 501–4755.
Please cite FAC 2005–26, FAR case
2008–004.
SUPPLEMENTARY INFORMATION:
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A. Background
This interim rule implements section
6 of the Sudan Accountability and
Divestment Act of 2007 (Pub. L. 110–
174), which was signed on December
31, 2007. Section 6 of this Act requires
certification in each contract entered
into by an executive agency, that the
contractor does not conduct certain
business operations in Sudan (as
described in section 3(d) of the Act).
The Councils have added these
restrictions to FAR Subpart 25.7,
Prohibited Sources, because the current
sections 25.701 and 25.702 are related to
each other, they have been combined
into a single section, and the new
restrictions added as a new section
25.702.
Subsection 25.702–1 provides the
statutory definitions of the following
terms from the Act:
• Appropriate congressional
committees.
• Business operations.
• Marginalized populations of Sudan.
• Person.
• Restricted business operations
(referring to the business operations
described in section 3(d) of the Act).
Subsections 25.702–2 and 25.702–3
state the certification requirements and
the remedies specified in the Act.
Subsection 25.702–4 permits the
President to waive the certification
requirement. Consistent with the
structure of FAR Part 25, the
prescription for the solicitation
provision is provided at FAR
25.1103(d).
The new solicitation provision
52.225–20, Prohibition on Conducting
Restricted Business Operations in
Sudan—Certification, provides all the
required definitions and the condition
that, by submission of its offer, the
offeror certifies that it does not conduct
any restricted business operations in
Sudan. If the offeror cannot
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affirmatively make the certification that
it does not conduct restricted business
operations in Sudan, then it is not
allowed to submit an offer. The
Councils are determining whether this
law should also apply to existing
contracts to ensure compliance with the
overall intent of the law.
The Act does not require flow down
of the certification provision. Section 6
addresses only contracts entered into by
executive agencies.
The FAR Council has made a policy
determination to apply the prohibition
to contracts for the acquisition of
commercial items. In accordance with
Section 34 of the Office of Federal
Procurement Policy (OFPP) Act (41
U.S.C. 430), the law would not apply to
acquisitions of commercial items unless
the FAR Council made a written
determination that it would not be in
the best interest of the Federal
Government to waive the provision of
law for the acquisition of commercial
items. This is because the Sudan
Accountability and Divestment Act of
2007—
• Does impose restrictions on the
procurement of property or services by
the Federal Government;
• Does not provide civil or criminal
penalties; and
• Does not specifically refer to
Section 34 of the OFPP Act.
Section 6 of Pub. L. 110–174
establishes a public policy that
contractors who conduct certain
business operations in Sudan shall not
be permitted to do business with the
Federal Government. An exemption for
commercial item acquisitions would
exclude a significant portion of Federal
contracting and the contractors who
provide these products and services,
thereby undermining the overarching
public policy purpose of the law.
In addition, the Councils have taken
this opportunity to add Burma to the list
of countries from which most imports
are prohibited. This update is made in
accordance with Executive Order (E.O.)
13310, Blocking Property of the
Government of Burma and Prohibiting
Certain Transactions (68 FR 44853, July
30, 2003), and E.O. 13448, Blocking
Property and Prohibiting Certain
Transactions Related to Burma (72 FR
60223, October 23, 2007). The FAR at
25.701(b) and the clause at 52.225–13(b)
are modified.
This is a significant regulatory action
and, therefore, is subject to review
under Section 6(b) of Executive Order
12866, Regulatory Planning and Review,
dated September 30, 1993. This rule is
a major rule under 5 U.S.C. 804.
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B. Regulatory Flexibility Act
The interim rule is not expected to
have a significant economic impact on
a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because this rule will only impact an
offeror that is conducting restricted
business operations in Sudan and wants
to do business with the Government.
Since there are already numerous
sanctions against dealing with Sudan
(e.g., E.O.s 13412, 13400, and 13067,
and 31 CFR Part 538), it is expected that
the number of entities impacted by this
rule will be minimal. Therefore, an
Initial Regulatory Flexibility Analysis
has not been performed. The Councils
will consider comments from small
entities concerning the affected FAR
Parts 4, 15, 25, and 52 in accordance
with 5 U.S.C. 610. Interested parties
must submit such comments separately
and should cite 5 U.S.C. 601, et seq.
(FAC 2005–26, FAR case 2008–004), in
all correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FAR do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501, et
seq.
D. Determination to Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of Defense
(DoD), the Administrator of General
Services (GSA), and the Administrator
of the National Aeronautics and Space
Administration (NASA) that urgent and
compelling reasons exist to promulgate
this interim rule without prior
opportunity for public comment. This
action is necessary because the rule
implements section 6 of The Sudan
Accountability and Divestment Act of
2007 (Pub. L. 110–174), which was
signed on December 31, 2007, and was
effective upon enactment. However,
pursuant to Pub. L. 98–577 and FAR
1.501, the Councils will consider public
comments received in response to this
interim rule in the formation of the final
rule.
List of Subjects in 48 CFR Parts 4, 15,
25, and 52
Government procurement.
Dated: June 6, 2008.
Al Matera,
Director, Office of Acquisition Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 4, 15, 25, and 52
as set forth below:
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1. The authority citation for 48 CFR
parts 4, 15, 25, and 52 continues to read
as follows:
(b) The Sudan Accountability and
Divestment Act of 2007 (Pub. L. 110–
174).
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
25.701 Restrictions on acquisitions of
supplies or services from prohibited
sources.
PART 4—ADMINISTRATIVE MATTERS
4.203
[Amended]
2. Amend section 4.203 by—
a. Removing from paragraph (a)
‘‘paragraph (b)’’ and adding ‘‘paragraph
(l)’’ in its place; and
I b. Removing from paragraphs (b) and
(e)(1)(i) ‘‘52.212–3(b)’’ and adding
‘‘52.212–3(l)’’ in its place.
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4.1201
[Amended]
3. Amend section 4.1201 by removing
from paragraph (c) ‘‘52.212–3(l)’’ and
adding ‘‘52.212–3(b)’’ in its place.
I 4. Amend section 4.1202 by
redesignating paragraphs (y), (z), and
(aa), as paragraphs (z), (aa), and (bb),
respectively; and adding a new
paragraph (y) to read as follows:
I
4.1202 Solicitation provision and contract
clause.
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(y) 52.225–20, Prohibition on
Conducting Restricted Business
Operations in Sudan—Certification.
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PART 15—CONTRACTING BY
NEGOTIATION
15.102
[Amended]
5. Amend section 15.102 by removing
from paragraph (b) ‘‘52.212–3(1)’’ and
adding ‘‘52.212–3(b)’’ in its place.
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PART 25—FOREIGN ACQUISITION
Sec.
25.700 Scope of subpart.
25.701 Restrictions on acquisitions of
supplies or services from prohibited
sources.
25.702 Prohibition on contracting with
entities that conduct restricted business
operations in Sudan.
25.702–1 Definitions.
25.702–2 Certification.
25.702–3 Remedies.
25.702–4 Waiver.
Subpart 25.7—Prohibited Sources
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Scope of subpart.
This subpart implements—
(a) Economic sanctions administered
by the Office of Foreign Assets Control
(OFAC) in the Department of the
Treasury prohibiting transactions
involving certain countries, entities, and
individuals; and
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25.702 Prohibition on contracting with
entities that conduct restricted business
operations in Sudan.
25.702–1
6. Revise Subpart 25.7 to read as
follows:
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25.700
(a) Except as authorized by OFAC,
agencies and their contractors and
subcontractors must not acquire any
supplies or services if any proclamation,
Executive order, or statute administered
by OFAC, or if OFAC’s implementing
regulations at 31 CFR Chapter V, would
prohibit such a transaction by a person
subject to the jurisdiction of the United
States.
(b) Except as authorized by OFAC,
most transactions involving Cuba, Iran,
and Sudan are prohibited, as are most
imports from Burma or North Korea into
the United States or its outlying areas.
In addition, lists of entities and
individuals subject to economic
sanctions are included in OFAC’s List of
Specially Designated Nationals and
Blocked Persons at https://
www.treas.gov/offices/enforcement/
ofac/sdn. More information about these
restrictions, as well as updates, is
available in OFAC’s regulations at 31
CFR Chapter V and/or on OFAC’s
website at https://www.treas.gov/offices/
enforcement/ofac.
(c) Refer questions concerning the
restrictions in paragraphs (a) or (b) of
this section to the Department of the
Treasury, Office of Foreign Assets
Control, Washington, DC 20220,
(Telephone (202) 622–2490).
Definitions.
As used in this section—
Appropriate Congressional
committees means—
(1) The Committee on Banking,
Housing, and Urban Affairs, The
Committee on Foreign Relations, and
the Select Committee on Intelligence of
the Senate; and
(2) The Committee on Financial
Services, the Committee on Foreign
Relations, and the Permanent Select
Committee on Intelligence of the House
of Representatives.
Business operations means engaging
in commerce in any form, including by
acquiring, developing, maintaining,
owning, selling, possessing, leasing, or
operating equipment, facilities,
personnel, products, services, personal
property, real property, or any other
apparatus of business or commerce.
Marginalized populations of Sudan
means—
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(1) Adversely affected groups in
regions authorized to receive assistance
under section 8(c) of the Darfur Peace
and Accountability Act (Pub. L. 109–
344) (50 U.S.C. 1701 note); and
(2) Marginalized areas in Northern
Sudan described in section 4(9) of such
Act.
Person means—
(1) A natural person, corporation,
company, business association,
partnership, society, trust, any other
nongovernmental entity, organization,
or group;
(2) Any governmental entity or
instrumentality of a government,
including a multilateral development
institution (as defined in section
1701(c)(3) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(3));
and
(3) Any successor, subunit, parent
company or subsidiary of any entity
described in paragraphs (1) or (2) of this
definition.
Restricted business operations—
(1) Means, except as provided in
paragraph (2) of this definition, business
operations in Sudan that include power
production activities, mineral extraction
activities, oil-related activities, or the
production of military equipment, as
those terms are defined in the Sudan
Accountability and Divestment Act of
2007 (Pub. L. 110–174).
(2) Does not include business
operations that the person conducting
the business can demonstrate—
(i) Are conducted under contract
directly and exclusively with the
regional government of southern Sudan;
(ii) Are conducted pursuant to
specific authorization from the Office of
Foreign Assets Control in the
Department of the Treasury, or are
expressly exempted under Federal law
from the requirement to be conducted
under such authorization;
(iii) Consist of providing goods or
services to marginalized populations of
Sudan;
(iv) Consist of providing goods or
services to an internationally recognized
peacekeeping force or humanitarian
organization;
(v) Consist of providing goods or
services that are used only to promote
health or education; or
(vi) Have been voluntarily suspended.
25.702–2
Certification.
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.
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25.702–3
Remedies.
Upon the determination of a false
certification under subsection 25.702–
2—
(a) The contracting officer may
terminate the contract;
(b) The suspending official may
suspend the contractor in accordance
with the procedures in Subpart 9.4; and
(c) The debarring official may debar
the contractor for a period not to exceed
3 years in accordance with the
procedures in Subpart 9.4.
25.702–4
Waiver.
(a) The President may waive the
requirement of subsection 25.702–2 on
a case-by-case basis if the President
determines and certifies in writing to
the appropriate congressional
committees that it is in the national
interest to do so.
(b) An agency seeking waiver of the
requirement shall submit the request
through the Administrator of the Office
of Federal Procurement Policy.
I 7. Amend section 25.1103 by adding
paragraph (d) to read as follows:
25.1103
Other provisions and clauses.
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(d) The contracting officer shall
include in each solicitation for the
acquisition of products or services
(other than commercial items procured
under Part 12) the provision at 52.225–
20, Prohibition on Conducting
Restricted Business Operations in
Sudan—Certification.
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
8. Amend section 52.212–1 by
revising the date of the provision; and
by removing from paragraph (b)(8)
‘‘52.212–3(1)’’ and adding ‘‘52.212–
3(b)’’ in its place. The revised text reads
as follows:
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52.212–1 Instructions to Offerors—
Commercial Items.
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INSTRUCTIONS TO OFFERORS—
COMMERCIAL ITEMS (JUN 2008)
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9. Amend section 52.212–3 by—
a. Revising the date of the provision;
b. Removing from the introductory
text of the provision ‘‘paragraph (1)’’
and ‘‘paragraphs (b) through (k)’’ and
adding ‘‘paragraph (b)’’ and ‘‘paragraphs
(c) through (m)’’ in its place,
respectively; and
I c. Adding in paragraph (a), in
alphabetical order, the definition
‘‘Restricted business operations’’;
I d. Revising paragraphs (b) and (l); and
I e. Adding paragraph (m) to read as
follows:
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52.212–3 Offeror Representations and
Certifications—Commercial Items.
not result in an update to the representations
and certifications posted on ORCA.]
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OFFEROR REPRESENTATIONS AND
CERTIFICATIONS—COMMERCIAL ITEMS
(JUN 2008)
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(a) * * *
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Restricted business operations means
business operations in Sudan that include
power production activities, mineral
extraction activities, oil-related activities, or
the production of military equipment, as
those terms are defined in the Sudan
Accountability and Divestment Act of 2007
(Pub. L. 110–174). Restricted business
operations do not include business
operations that the person conducting the
business can demonstrate—
(1) Are conducted under contract directly
and exclusively with the regional
government of southern Sudan;
(2) Are conducted pursuant to specific
authorization from the Office of Foreign
Assets Control in the Department of the
Treasury, or are expressly exempted under
Federal law from the requirement to be
conducted under such authorization;
(3) Consist of providing goods or services
to marginalized populations of Sudan;
(4) Consist of providing goods or services
to an internationally recognized
peacekeeping force or humanitarian
organization;
(5) Consist of providing goods or services
that are used only to promote health or
education; or
(6) Have been voluntarily suspended.
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(b)(1) Annual Representations and
Certifications. Any changes provided by the
offeror in paragraph (b)(2) of this provision
do not automatically change the
representations and certifications posted on
the Online Representations and Certifications
Application (ORCA) website.
(2) The offeror has completed the annual
representations and certifications
electronically via the ORCA website at https://
orca.bpn.gov. After reviewing the ORCA
database information, the offeror verifies by
submission of this offer that the
representations and certifications currently
posted electronically at FAR 52.212–3,
Offeror Representations and Certifications—
Commercial Items, have been entered or
updated in the last 12 months, are current,
accurate, complete, and applicable to this
solicitation (including the business size
standard applicable to the NAICS code
referenced for this solicitation), as of the date
of this offer and are incorporated in this offer
by reference (see FAR 4.1201), except for
paragraphs lllll.
[Offeror to identify the applicable
paragraphs at (c) through (m) of this
provision that the offeror has completed for
the purposes of this solicitation only, if any.
These amended representation(s) and/or
certification(s) are also incorporated in this
offer and are current, accurate, and complete
as of the date of this offer.
Any changes provided by the offeror are
applicable to this solicitation only, and do
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(l) Taxpayer Identification Number (TIN)
(26 U.S.C. 6109, 31 U.S.C. 7701). (Not
applicable if the offeror is required to provide
this information to a central contractor
registration database to be eligible for award.)
(1) All offerors must submit the
information required in paragraphs (l)(3)
through (l)(5) of this provision to comply
with debt collection requirements of 31
U.S.C. 7701(c) and 3325(d), reporting
requirements of 26 U.S.C. 6041, 6041A, and
6050M, and implementing regulations issued
by the Internal Revenue Service (IRS).
(2) The TIN may be used by the
Government to collect and report on any
delinquent amounts arising out of the
offeror’s relationship with the Government
(31 U.S.C. 7701(c)(3)). If the resulting
contract is subject to the payment reporting
requirements described in FAR 4.904, the
TIN provided hereunder may be matched
with IRS records to verify the accuracy of the
offeror’s TIN.
(3) Taxpayer Identification Number (TIN).
b TIN: llllllllll.
b TIN has been applied for.
b TIN is not required because:
b Offeror is a nonresident alien, foreign
corporation, or foreign partnership that does
not have income effectively connected with
the conduct of a trade or business in the
United States and does not have an office or
place of business or a fiscal paying agent in
the United States;
b Offeror is an agency or instrumentality
of a foreign government;
b Offeror is an agency or instrumentality
of the Federal Government.
(4) Type of organization.
b Sole proprietorship;
b Partnership;
b Corporate entity (not tax-exempt);
b Corporate entity (tax-exempt);
b Government entity (Federal, State, or
local);
b Foreign government;
b International organization per 26 CFR
1.6049–4;
b Other lllll.
(5) Common parent.
b Offeror is not owned or controlled by a
common parent;
b Name and TIN of common parent:
Name llllllllll.
TIN llllllllll.
(m) Restricted business operations in
Sudan. By submission of its offer, the offeror
certifies that it does not conduct any
restricted business operations in Sudan.
(End of provision)
10. Amend section 52.212–5 by
revising the date of the clause and
paragraph (b)(31) to read as follows:
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52.212–5 Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders—Commercial Items.
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CONTRACT TERMS AND CONDITIONS
REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL
ITEMS (JUN 2008)
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Federal Register / Vol. 73, No. 114 / Thursday, June 12, 2008 / Rules and Regulations
(b) * * *
ll (31) 52.225–13, Restrictions on
Certain Foreign Purchases (JUN 2008) (E.O.’s,
proclamations, and statutes administered by
the Office of Foreign Assets Control of the
Department of the Treasury).
*
*
*
*
*
I 11. Amend section 52.225–13 by—
I a. Revising the date of the clause; and
I b. Removing from paragraph (b) ‘‘from
North Korea’’ and adding ‘‘from Burma
or North Korea’’ in its place;
52.225–13 Restrictions on Certain Foreign
Purchases.
*
*
*
*
*
RESTRICTIONS ON CERTAIN FOREIGN
PURCHASES (JUN 2008)
*
*
*
*
*
I 12. Add section 52.225–20 to read as
follows:
52.225–20 Prohibition on Conducting
Restricted Business Operations in Sudan—
Certification.
As prescribed at 25.1103(d), insert the
following provision:
PROHIBITION ON CONDUCTING
RESTRICTED BUSINESS OPERATIONS IN
SUDAN—CERTIFICATION (JUN 2008)
(a) Definitions. As used in this provision—
Business operations means engaging in
commerce in any form, including by
acquiring, developing, maintaining, owning,
selling, possessing, leasing, or operating
equipment, facilities, personnel, products,
services, personal property, real property, or
any other apparatus of business or commerce.
Marginalized populations of Sudan
means—
(1) Adversely affected groups in regions
authorized to receive assistance under
section 8(c) of the Darfur Peace and
Accountability Act (Pub. L. 109–344) (50
U.S.C. 1701 note); and
(2) Marginalized areas in Northern Sudan
described in section 4(9) of such Act.
Person means—
(1) A Natural person, corporation,
company, business association, partnership,
society, trust, any other nongovernmental
entity, organization, or group;
(2) Any governmental entity or
instrumentality of a government, including a
multilateral development institution (as
defined in section 1701(c)(3) of the
International Financial Institutions Act (22
U.S.C. 262r(c)(3)); and
(3) Any successor, subunit, parent
company or subsidiary of any entity
described in paragraphs (1) or (2) of this
definition.
Restricted business operations means
business operations in Sudan that include
power production activities, mineral
extraction activities, oil-related activities, or
the production of military equipment, as
those terms are defined in the Sudan
Accountability and Divestment Act of 2007
(Pub. L. 110–174). Restricted business
operations do not include business
operations that the person conducting the
business can demonstrate—
(1) Are conducted under contract directly
and exclusively with the regional
government of southern Sudan;
(2) Are conducted pursuant to specific
authorization from the Office of Foreign
Assets Control in the Department of the
Treasury, or are expressly exempted under
Federal law from the requirement to be
conducted under such authorization;
(3) Consist of providing goods or services
to marginalized populations of Sudan;
(4) Consist of providing goods or services
to an internationally recognized
peacekeeping force or humanitarian
organization;
(5) Consist of providing goods or services
that are used only to promote health or
education; or
(6) Have been voluntarily suspended.
(b) Certification. By submission of its offer,
the offeror certifies that it does not conduct
any restricted business operations in Sudan.
(End of provision)
[FR Doc. E8–13154 Filed 6–11–08; 8:45 am]
BILLING CODE 6820–EP–S
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR–2008–0003, Sequence 1]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–26;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Small Entity Compliance Guide.
AGENCIES:
SUMMARY: This document is issued
under the joint authority of the
Secretary of Defense, the Administrator
of General Services and the
Administrator of the National
Aeronautics and Space Administration.
This Small Entity Compliance Guide has
been prepared in accordance with
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996. It consists of a summary of the
rule appearing in Federal Acquisition
Circular (FAC) 2005–26 which amends
the FAR. Interested parties may obtain
further information regarding this rule
by referring to FAC 2005–26 which
precedes this document. These
documents are also available via the
Internet at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT
Laurieann Duarte, FAR Secretariat, (202)
501–4225. For clarification of content,
contact the analyst whose name appears
in the table below.
RULE LISTED IN FAC 2005–26
Subject
FAR case
Prohibition on Restricted Business Operations in Sudan and Imports from Burma (Interim) ...........................
A
summary of the FAR rule follows. For
the actual revisions and/or amendments
to this FAR case, refer to FAR Case
2008–004. FAC 2005–26 amends the
FAR as specified below:
mstockstill on PROD1PC66 with RULES2
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
20:40 Jun 11, 2008
Jkt 214001
Prohibition on Restricted Business
Operations in Sudan and Imports from
Burma (FAR Case 2008–004) (Interim)
This interim rule amends FAR
Subparts 4.12, 15.1, 25.7, 25.11, and
Part 52 to implement Section 6 of the
Sudan Accountability and Divestment
Act of 2007, and Executive Orders
13310 and 13448. Section 6 requires
certification that the contractor does not
conduct certain business operations in
PO 00000
Frm 00006
Fmt 4701
Sfmt 4700
2008–004
Analyst
Murphy.
Sudan. This case also updates the list of
countries from which most imports are
prohibited, to reflect Burma as well as
Sudan.
Dated: June 6, 2008.
Al Matera,
Director, Office of Acquisition Policy.
[FR Doc. E8–13152 Filed 6–11–08; 8:45 am]
BILLING CODE 6820–EP–S
E:\FR\FM\12JNR2.SGM
12JNR2
]]>Agencies
[Federal Register Volume 73, Number 114 (Thursday, June 12, 2008)]
[Rules and Regulations]
[Pages 33636-33640]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13154]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 4, 15, 25, and 52
[FAC 2005-26; FAR Case 2008-004;Docket 2008-0001, Sequence 04]
RIN 9000-AL01
Federal Acquisition Regulation; FAR Case 2008-004, Prohibition on
Restricted Business Operations in Sudan and Imports from Burma
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on an interim
rule amending the Federal Acquisition Regulation (FAR) to implement
Section 6 of the Sudan Accountability and Divestment Act of 2007.
Section 6 requires certification in each contract entered into by an
Executive agency, that the contractor does not conduct certain business
operations in Sudan.
DATES: Effective Date: June 12, 2008.
Comment Date: Interested parties should submit written comments to
the FAR Secretariat on or before August 11, 2008 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by FAC 2005-26, FAR case 2008-
004, by any of the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``FAR Case
2008-004'' under the heading ``Comment or Submission''. Select the link
``Send a Comment or Submission'' that corresponds with FAR Case 2008-
004. Follow the instructions provided to complete the ``Public Comment
and Submission Form''. Please include your name, company name (if any),
and ``FAR Case 2008-004'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat Division (VPR), 1800 F Street, NW, Room 4041, Washington,
DC 20405.
[[Page 33637]]
Instructions: Please submit comments only and cite FAC 2005-26, FAR
case 2008-004, in all correspondence related to this case. All comments
received will be posted without change to https://www.regulations.gov,
including any personal and/or business confidential information
provided.
FOR FURTHER INFORMATION CONTACT Ms. Meredith Murphy, Procurement
Analyst, at (202) 208-6925 for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat Division at (202) 501-4755. Please cite FAC
2005-26, FAR case 2008-004.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule implements section 6 of the Sudan Accountability
and Divestment Act of 2007 (Pub. L. 110-174), which was signed on
December 31, 2007. Section 6 of this Act requires certification in each
contract entered into by an executive agency, that the contractor does
not conduct certain business operations in Sudan (as described in
section 3(d) of the Act).
The Councils have added these restrictions to FAR Subpart 25.7,
Prohibited Sources, because the current sections 25.701 and 25.702 are
related to each other, they have been combined into a single section,
and the new restrictions added as a new section 25.702.
Subsection 25.702-1 provides the statutory definitions of the
following terms from the Act:
Appropriate congressional committees.
Business operations.
Marginalized populations of Sudan.
Person.
Restricted business operations (referring to the business
operations described in section 3(d) of the Act).
Subsections 25.702-2 and 25.702-3 state the certification
requirements and the remedies specified in the Act. Subsection 25.702-4
permits the President to waive the certification requirement.
Consistent with the structure of FAR Part 25, the prescription for the
solicitation provision is provided at FAR 25.1103(d).
The new solicitation provision 52.225-20, Prohibition on Conducting
Restricted Business Operations in Sudan--Certification, provides all
the required definitions and the condition that, by submission of its
offer, the offeror certifies that it does not conduct any restricted
business operations in Sudan. If the offeror cannot affirmatively make
the certification that it does not conduct restricted business
operations in Sudan, then it is not allowed to submit an offer. The
Councils are determining whether this law should also apply to existing
contracts to ensure compliance with the overall intent of the law.
The Act does not require flow down of the certification provision.
Section 6 addresses only contracts entered into by executive agencies.
The FAR Council has made a policy determination to apply the
prohibition to contracts for the acquisition of commercial items. In
accordance with Section 34 of the Office of Federal Procurement Policy
(OFPP) Act (41 U.S.C. 430), the law would not apply to acquisitions of
commercial items unless the FAR Council made a written determination
that it would not be in the best interest of the Federal Government to
waive the provision of law for the acquisition of commercial items.
This is because the Sudan Accountability and Divestment Act of 2007--
Does impose restrictions on the procurement of property or
services by the Federal Government;
Does not provide civil or criminal penalties; and
Does not specifically refer to Section 34 of the OFPP Act.
Section 6 of Pub. L. 110-174 establishes a public policy that
contractors who conduct certain business operations in Sudan shall not
be permitted to do business with the Federal Government. An exemption
for commercial item acquisitions would exclude a significant portion of
Federal contracting and the contractors who provide these products and
services, thereby undermining the overarching public policy purpose of
the law.
In addition, the Councils have taken this opportunity to add Burma
to the list of countries from which most imports are prohibited. This
update is made in accordance with Executive Order (E.O.) 13310,
Blocking Property of the Government of Burma and Prohibiting Certain
Transactions (68 FR 44853, July 30, 2003), and E.O. 13448, Blocking
Property and Prohibiting Certain Transactions Related to Burma (72 FR
60223, October 23, 2007). The FAR at 25.701(b) and the clause at
52.225-13(b) are modified.
This is a significant regulatory action and, therefore, is subject
to review under Section 6(b) of Executive Order 12866, Regulatory
Planning and Review, dated September 30, 1993. This rule is a major
rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The interim rule is not expected to have a significant economic
impact on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because this
rule will only impact an offeror that is conducting restricted business
operations in Sudan and wants to do business with the Government. Since
there are already numerous sanctions against dealing with Sudan (e.g.,
E.O.s 13412, 13400, and 13067, and 31 CFR Part 538), it is expected
that the number of entities impacted by this rule will be minimal.
Therefore, an Initial Regulatory Flexibility Analysis has not been
performed. The Councils will consider comments from small entities
concerning the affected FAR Parts 4, 15, 25, and 52 in accordance with
5 U.S.C. 610. Interested parties must submit such comments separately
and should cite 5 U.S.C. 601, et seq. (FAC 2005-26, FAR case 2008-004),
in all correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
D. Determination to Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense (DoD), the Administrator of General Services (GSA), and the
Administrator of the National Aeronautics and Space Administration
(NASA) that urgent and compelling reasons exist to promulgate this
interim rule without prior opportunity for public comment. This action
is necessary because the rule implements section 6 of The Sudan
Accountability and Divestment Act of 2007 (Pub. L. 110-174), which was
signed on December 31, 2007, and was effective upon enactment. However,
pursuant to Pub. L. 98-577 and FAR 1.501, the Councils will consider
public comments received in response to this interim rule in the
formation of the final rule.
List of Subjects in 48 CFR Parts 4, 15, 25, and 52
Government procurement.
Dated: June 6, 2008.
Al Matera,
Director, Office of Acquisition Policy.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 4, 15, 25, and 52 as
set forth below:
[[Page 33638]]
0
1. The authority citation for 48 CFR parts 4, 15, 25, and 52 continues
to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 4--ADMINISTRATIVE MATTERS
4.203 [Amended]
0
2. Amend section 4.203 by--
0
a. Removing from paragraph (a) ``paragraph (b)'' and adding ``paragraph
(l)'' in its place; and
0
b. Removing from paragraphs (b) and (e)(1)(i) ``52.212-3(b)'' and
adding ``52.212-3(l)'' in its place.
4.1201 [Amended]
0
3. Amend section 4.1201 by removing from paragraph (c) ``52.212-3(l)''
and adding ``52.212-3(b)'' in its place.
0
4. Amend section 4.1202 by redesignating paragraphs (y), (z), and (aa),
as paragraphs (z), (aa), and (bb), respectively; and adding a new
paragraph (y) to read as follows:
4.1202 Solicitation provision and contract clause.
* * * * *
(y) 52.225-20, Prohibition on Conducting Restricted Business
Operations in Sudan--Certification.
* * * * *
PART 15--CONTRACTING BY NEGOTIATION
15.102 [Amended]
0
5. Amend section 15.102 by removing from paragraph (b) ``52.212-3(1)''
and adding ``52.212-3(b)'' in its place.
PART 25--FOREIGN ACQUISITION
0
6. Revise Subpart 25.7 to read as follows:
Sec.
25.700 Scope of subpart.
25.701 Restrictions on acquisitions of supplies or services from
prohibited sources.
25.702 Prohibition on contracting with entities that conduct
restricted business operations in Sudan.
25.702-1 Definitions.
25.702-2 Certification.
25.702-3 Remedies.
25.702-4 Waiver.
Subpart 25.7--Prohibited Sources
25.700 Scope of subpart.
This subpart implements--
(a) Economic sanctions administered by the Office of Foreign Assets
Control (OFAC) in the Department of the Treasury prohibiting
transactions involving certain countries, entities, and individuals;
and
(b) The Sudan Accountability and Divestment Act of 2007 (Pub. L.
110-174).
25.701 Restrictions on acquisitions of supplies or services from
prohibited sources.
(a) Except as authorized by OFAC, agencies and their contractors
and subcontractors must not acquire any supplies or services if any
proclamation, Executive order, or statute administered by OFAC, or if
OFAC's implementing regulations at 31 CFR Chapter V, would prohibit
such a transaction by a person subject to the jurisdiction of the
United States.
(b) Except as authorized by OFAC, most transactions involving Cuba,
Iran, and Sudan are prohibited, as are most imports from Burma or North
Korea into the United States or its outlying areas. In addition, lists
of entities and individuals subject to economic sanctions are included
in OFAC's List of Specially Designated Nationals and Blocked Persons at
https://www.treas.gov/offices/enforcement/ofac/sdn. More information
about these restrictions, as well as updates, is available in OFAC's
regulations at 31 CFR Chapter V and/or on OFAC's website at https://
www.treas.gov/offices/enforcement/ofac.
(c) Refer questions concerning the restrictions in paragraphs (a)
or (b) of this section to the Department of the Treasury, Office of
Foreign Assets Control, Washington, DC 20220, (Telephone (202) 622-
2490).
25.702 Prohibition on contracting with entities that conduct
restricted business operations in Sudan.
25.702-1 Definitions.
As used in this section--
Appropriate Congressional committees means--
(1) The Committee on Banking, Housing, and Urban Affairs, The
Committee on Foreign Relations, and the Select Committee on
Intelligence of the Senate; and
(2) The Committee on Financial Services, the Committee on Foreign
Relations, and the Permanent Select Committee on Intelligence of the
House of Representatives.
Business operations means engaging in commerce in any form,
including by acquiring, developing, maintaining, owning, selling,
possessing, leasing, or operating equipment, facilities, personnel,
products, services, personal property, real property, or any other
apparatus of business or commerce.
Marginalized populations of Sudan means--
(1) Adversely affected groups in regions authorized to receive
assistance under section 8(c) of the Darfur Peace and Accountability
Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and
(2) Marginalized areas in Northern Sudan described in section 4(9)
of such Act.
Person means--
(1) A natural person, corporation, company, business association,
partnership, society, trust, any other nongovernmental entity,
organization, or group;
(2) Any governmental entity or instrumentality of a government,
including a multilateral development institution (as defined in section
1701(c)(3) of the International Financial Institutions Act (22 U.S.C.
262r(c)(3)); and
(3) Any successor, subunit, parent company or subsidiary of any
entity described in paragraphs (1) or (2) of this definition.
Restricted business operations--
(1) Means, except as provided in paragraph (2) of this definition,
business operations in Sudan that include power production activities,
mineral extraction activities, oil-related activities, or the
production of military equipment, as those terms are defined in the
Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).
(2) Does not include business operations that the person conducting
the business can demonstrate--
(i) Are conducted under contract directly and exclusively with the
regional government of southern Sudan;
(ii) Are conducted pursuant to specific authorization from the
Office of Foreign Assets Control in the Department of the Treasury, or
are expressly exempted under Federal law from the requirement to be
conducted under such authorization;
(iii) Consist of providing goods or services to marginalized
populations of Sudan;
(iv) Consist of providing goods or services to an internationally
recognized peacekeeping force or humanitarian organization;
(v) Consist of providing goods or services that are used only to
promote health or education; or
(vi) Have been voluntarily suspended.
25.702-2 Certification.
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.
[[Page 33639]]
25.702-3 Remedies.
Upon the determination of a false certification under subsection
25.702-2--
(a) The contracting officer may terminate the contract;
(b) The suspending official may suspend the contractor in
accordance with the procedures in Subpart 9.4; and
(c) The debarring official may debar the contractor for a period
not to exceed 3 years in accordance with the procedures in Subpart 9.4.
25.702-4 Waiver.
(a) The President may waive the requirement of subsection 25.702-2
on a case-by-case basis if the President determines and certifies in
writing to the appropriate congressional committees that it is in the
national interest to do so.
(b) An agency seeking waiver of the requirement shall submit the
request through the Administrator of the Office of Federal Procurement
Policy.
0
7. Amend section 25.1103 by adding paragraph (d) to read as follows:
25.1103 Other provisions and clauses.
* * * * *
(d) The contracting officer shall include in each solicitation for
the acquisition of products or services (other than commercial items
procured under Part 12) the provision at 52.225-20, Prohibition on
Conducting Restricted Business Operations in Sudan--Certification.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
8. Amend section 52.212-1 by revising the date of the provision; and by
removing from paragraph (b)(8) ``52.212-3(1)'' and adding ``52.212-
3(b)'' in its place. The revised text reads as follows:
52.212-1 Instructions to Offerors--Commercial Items.
* * * * *
INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)
* * * * *
0
9. Amend section 52.212-3 by--
0
a. Revising the date of the provision;
0
b. Removing from the introductory text of the provision ``paragraph
(1)'' and ``paragraphs (b) through (k)'' and adding ``paragraph (b)''
and ``paragraphs (c) through (m)'' in its place, respectively; and
0
c. Adding in paragraph (a), in alphabetical order, the definition
``Restricted business operations'';
0
d. Revising paragraphs (b) and (l); and
0
e. Adding paragraph (m) to read as follows:
52.212-3 Offeror Representations and Certifications--Commercial
Items.
* * * * *
OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS
(JUN 2008)
* * * * *
(a) * * *
Restricted business operations means business operations in
Sudan that include power production activities, mineral extraction
activities, oil-related activities, or the production of military
equipment, as those terms are defined in the Sudan Accountability
and Divestment Act of 2007 (Pub. L. 110-174). Restricted business
operations do not include business operations that the person
conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with
the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the
Office of Foreign Assets Control in the Department of the Treasury,
or are expressly exempted under Federal law from the requirement to
be conducted under such authorization;
(3) Consist of providing goods or services to marginalized
populations of Sudan;
(4) Consist of providing goods or services to an internationally
recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to
promote health or education; or
(6) Have been voluntarily suspended.
* * * * *
(b)(1) Annual Representations and Certifications. Any changes
provided by the offeror in paragraph (b)(2) of this provision do not
automatically change the representations and certifications posted
on the Online Representations and Certifications Application (ORCA)
website.
(2) The offeror has completed the annual representations and
certifications electronically via the ORCA website at https://
orca.bpn.gov. After reviewing the ORCA database information, the
offeror verifies by submission of this offer that the
representations and certifications currently posted electronically
at FAR 52.212-3, Offeror Representations and Certifications--
Commercial Items, have been entered or updated in the last 12
months, are current, accurate, complete, and applicable to this
solicitation (including the business size standard applicable to the
NAICS code referenced for this solicitation), as of the date of this
offer and are incorporated in this offer by reference (see FAR
4.1201), except for paragraphs ----------.
[Offeror to identify the applicable paragraphs at (c) through
(m) of this provision that the offeror has completed for the
purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also
incorporated in this offer and are current, accurate, and complete
as of the date of this offer.
Any changes provided by the offeror are applicable to this
solicitation only, and do not result in an update to the
representations and certifications posted on ORCA.]
* * * * *
(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31
U.S.C. 7701). (Not applicable if the offeror is required to provide
this information to a central contractor registration database to be
eligible for award.)
(1) All offerors must submit the information required in
paragraphs (l)(3) through (l)(5) of this provision to comply with
debt collection requirements of 31 U.S.C. 7701(c) and 3325(d),
reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and
implementing regulations issued by the Internal Revenue Service
(IRS).
(2) The TIN may be used by the Government to collect and report
on any delinquent amounts arising out of the offeror's relationship
with the Government (31 U.S.C. 7701(c)(3)). If the resulting
contract is subject to the payment reporting requirements described
in FAR 4.904, the TIN provided hereunder may be matched with IRS
records to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN).
[ballot] TIN: --------------------.
[ballot] TIN has been applied for.
[ballot] TIN is not required because:
[ballot] Offeror is a nonresident alien, foreign corporation, or
foreign partnership that does not have income effectively connected
with the conduct of a trade or business in the United States and
does not have an office or place of business or a fiscal paying
agent in the United States;
[ballot] Offeror is an agency or instrumentality of a foreign
government;
[ballot] Offeror is an agency or instrumentality of the Federal
Government.
(4) Type of organization.
[ballot] Sole proprietorship;
[ballot] Partnership;
[ballot] Corporate entity (not tax-exempt);
[ballot] Corporate entity (tax-exempt);
[ballot] Government entity (Federal, State, or local);
[ballot] Foreign government;
[ballot] International organization per 26 CFR 1.6049-4;
[ballot] Other ----------.
(5) Common parent.
[ballot] Offeror is not owned or controlled by a common parent;
[ballot] Name and TIN of common parent:
Name --------------------.
TIN --------------------.
(m) Restricted business operations in Sudan. By submission of
its offer, the offeror certifies that it does not conduct any
restricted business operations in Sudan.
(End of provision)
0
10. Amend section 52.212-5 by revising the date of the clause and
paragraph (b)(31) to read as follows:
52.212-5 Contract Terms and Conditions Required to Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2008)
* * * * *
[[Page 33640]]
(b) * * *
---- (31) 52.225-13, Restrictions on Certain Foreign Purchases
(JUN 2008) (E.O.'s, proclamations, and statutes administered by the
Office of Foreign Assets Control of the Department of the Treasury).
* * * * *
0
11. Amend section 52.225-13 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (b) ``from North Korea'' and adding ``from
Burma or North Korea'' in its place;
52.225-13 Restrictions on Certain Foreign Purchases.
* * * * *
RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
* * * * *
0
12. Add section 52.225-20 to read as follows:
52.225-20 Prohibition on Conducting Restricted Business Operations in
Sudan--Certification.
As prescribed at 25.1103(d), insert the following provision:
PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN
SUDAN--CERTIFICATION (JUN 2008)
(a) Definitions. As used in this provision--
Business operations means engaging in commerce in any form,
including by acquiring, developing, maintaining, owning, selling,
possessing, leasing, or operating equipment, facilities, personnel,
products, services, personal property, real property, or any other
apparatus of business or commerce.
Marginalized populations of Sudan means--
(1) Adversely affected groups in regions authorized to receive
assistance under section 8(c) of the Darfur Peace and Accountability
Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and
(2) Marginalized areas in Northern Sudan described in section
4(9) of such Act.
Person means--
(1) A Natural person, corporation, company, business
association, partnership, society, trust, any other nongovernmental
entity, organization, or group;
(2) Any governmental entity or instrumentality of a government,
including a multilateral development institution (as defined in
section 1701(c)(3) of the International Financial Institutions Act
(22 U.S.C. 262r(c)(3)); and
(3) Any successor, subunit, parent company or subsidiary of any
entity described in paragraphs (1) or (2) of this definition.
Restricted business operations means business operations in
Sudan that include power production activities, mineral extraction
activities, oil-related activities, or the production of military
equipment, as those terms are defined in the Sudan Accountability
and Divestment Act of 2007 (Pub. L. 110-174). Restricted business
operations do not include business operations that the person
conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with
the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the
Office of Foreign Assets Control in the Department of the Treasury,
or are expressly exempted under Federal law from the requirement to
be conducted under such authorization;
(3) Consist of providing goods or services to marginalized
populations of Sudan;
(4) Consist of providing goods or services to an internationally
recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to
promote health or education; or
(6) Have been voluntarily suspended.
(b) Certification. By submission of its offer, the offeror
certifies that it does not conduct any restricted business
operations in Sudan.
(End of provision)
[FR Doc. E8-13154 Filed 6-11-08; 8:45 am]
BILLING CODE 6820-EP-S
