41 U.S.C. § 1304: Contract clauses and certifications

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. 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. 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. the Federal Acquisition Regulatory Council provides the Administrator with a written justification for the requirement and a determination that there is no less burdensome means for administering and enforcing the particular regulation that contains the certification requirement; and the Administrator approves in writing the retention of the certification requirement. the senior procurement executive for the executive agency provides the head of the executive agency with a written justification for the requirement and a determination that there is no less burdensome means for administering and enforcing the particular regulation that contains the certification requirement; and the head of the executive agency approves in writing the retention of such certification requirement. For purposes of clause (i), the term ‘head of the executive agency’ with respect to a military department means the Secretary of Defense.”