FAR 52.225-25 - Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran - Representations and Certifications

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Contents

Prescribed in 25.1103(e)

Effective Date:1 December 2012
Clause or Provision:Provision
Provision or Clause Number: 52.225-25 - Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran - Representations and Certifications
Principle Type And/Or Purpose of Contract:
Required:Fixed Price, Supply; Fixed Price, R&D; Cost Reimbursement, R&D; Communication Services; Architect-Engineering; Transportation; Commercial Items
Applicable:
Optional:
Subject:
ProcurementType:
Contract Threshold:
Prescription Overview:

Prescription

(e) The contracting officer shall include in all solicitations the provision at 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications.

Clause Overview:

Provision

(a) Definitions As used in this provision—

“Person”— (1) Means—

(i) A natural person;
(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and
(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and
  • (2) Does not include a government or governmental entity that is not operating as a business enterprise.

“Sensitive technology”— (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Questions

(b) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

Offeror Representations and Certifications

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703-4, by submission of its offer, the offeror—

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and

(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).


(d) Exception for Trade Agreements

The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if—

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

Important Notes/Requirements:

Delete unless 52.225-1 is included in award and applies. Applies only to the acquisition of supplies and acquisition of services involving the furnishing of supplies.

This clause is a requirement for a certification.

Subcontract Threshold:
Incorporated by Reference:Yes
Uniform Contract Format:R
Editor:Marshall

Personal notes.

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