41 U.S.C. § 1304 — Contract clauses and certifications
submitted 15 years ago by Pub. L. 111-350 to r/title-41-PUBLIC-CONTRACTS · 300 words · no verdicts yet
The Council must discourage repeated use of nonstandard contract clauses. A certification may be required in Federal procurement rules only when a statute specifically requires it or the required officials approve a written justification.
(a) The Council* must issue regulations discouraging repeated use of a nonstandard contract clause. The regulations must (1) clearly define which clauses are nonstandard, and (2) require prior approval by an official above the contracting officer’s responsibility level for repeated use. (b) (1) Law.—A law cannot be read to require a contractor or offeror certification in Federal procurement unless it specifically says certification is required. (2) Federal Acquisition Regulation.—A certification requirement may be included only if (A) a statute specifically imposes it, or (B) the Council gives the Administrator written justification and the Administrator approves inclusion in writing. (3) Executive-agency regulations.— (A) For subparagraph (B), “head of the executive agency” means the Defense Secretary when the agency is a military department. (B) A certification requirement may be included in an executive-agency procurement regulation only if (i) a statute specifically imposes it, or (ii) the agency’s senior procurement executive gives the agency head written justification and the agency head approves inclusion in writing.
The Council* shall prescribe regulations to discourage the use of a nonstandard contract clause on a repetitive basis. The regulations shall include provisions that—
clearly define what types of contract clauses are to be treated as nonstandard clauses; and
require prior approval for the use of a nonstandard clause on a repetitive basis by an official at a level of responsibility above the contracting officer.
A provision of law may not be construed as requiring a certification by a contractor or offeror in a procurement made or to be made by the Federal Government unless that provision of law specifically provides that such a certification shall be required.
A requirement for a certification by a contractor or offeror may not be included in the Federal Acquisition Regulation unless—
the certification requirement is specifically imposed by statute; or
written justification for the certification requirement is provided to the Administrator by the Council and the Administrator approves in writing the inclusion of the certification requirement.
In subparagraph (B), the term “head of the executive agency” with respect to a military department means the Secretary of Defense.
A requirement for a certification by a contractor or offeror may not be included in a procurement regulation of an executive agency unless—
the certification requirement is specifically imposed by statute; or
written justification for the certification requirement is provided to the head of the executive agency by the senior procurement executive of the agency and the head of the executive agency approves in writing the inclusion of the certification requirement.
Source credit: (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3693.)
- 2011Enacted · Pub. L. 111-350 · 124 Stat. 3693
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-350 on 2011-01-04.
all 0 arguments · sorted by: best
no arguments yet — make the first case