§ 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.