41 U.S.C. § 425 : US Code - Section 425: Contract clauses and certifications

Search 41 U.S.C. § 425 : US Code - Section 425: Contract clauses and certifications

(a) Nonstandard contract clauses
The Federal Acquisition Regulatory Council shall promulgate
regulations to discourage the use of a nonstandard contract clause
on a repetitive basis. The regulations shall include provisions
that -
(1) clearly define what types of contract clauses are to be
treated as nonstandard clauses; and
(2) 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.
(b) Construction of certification requirements
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.
(c) Prohibition on certification requirements
(1) A requirement for a certification by a contractor or offeror
may not be included in the Federal Acquisition Regulation unless -
(A) the certification requirement is specifically imposed by
statute; or
(B) written justification for such certification requirement is
provided to the Administrator for Federal Procurement Policy by
the Federal Acquisition Regulatory Council, and the Administrator
approves in writing the inclusion of such certification
requirement.
(2)(A) A requirement for a certification by a contractor or
offeror may not be included in a procurement regulation of an
executive agency unless -
(i) the certification requirement is specifically imposed by
statute; or
(ii) written justification for such 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 such
certification requirement.
(B) For purposes of subparagraph (A), the term "head of the
executive agency" with respect to a military department means the
Secretary of Defense.