Skip to main content
Find a Lawyer

41 U.S.C. § 1304 - U.S. Code - Unannotated Title 41. Public Contracts § 1304. Contract clauses and certifications

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Repetitive nonstandard contract clauses discouraged.--The Council shall prescribe 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) When certification required.--

(1) By law.--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.

(2) In Federal Acquisition Regulation.--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 the certification requirement is provided to the Administrator by the Council and the Administrator approves in writing the inclusion of the certification requirement.

(3) Executive agency procurement regulation.--

(A) Definition.--In subparagraph (B), the term “head of the executive agency” with respect to a military department means the Secretary of Defense.

(B) When certification requirement may be included in regulation.--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 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.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - 41 U.S.C. § 1304 - U.S. Code - Unannotated Title 41. Public Contracts § 1304. Contract clauses and certifications - last updated January 01, 2024 | https://codes.findlaw.com/us/title-41-public-contracts/41-usc-sect-1304/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard