1996 -
Pub. L. 104-106 substituted ''Contract clauses and
certifications'' for ''Nonstandard contract clauses'' in section
catchline, designated existing provisions as subsec. (a) and
inserted heading, and added subsecs. (b) and (c).
For effective date and applicability of amendment by Pub. L. 104-106, see section 4401 of Pub. L. 104-106, set out as a note
under section 251 of this title
For effective date and applicability of section, see section 10001 of Pub. L. 103-355, set out as an Effective Date of 1994
Amendment note under section 251 of this title
Section 4301(b)(1) of
Pub. L. 104-106 provided that:
''(A) Not later than 210 days after the date of the enactment of
this Act (Feb. 10, 1996), the Administrator for Federal Procurement
Policy shall issue for public comment a proposal to amend the
Federal Acquisition Regulation to remove from the Federal
Acquisition Regulation certification requirements for contractors
and offerors that are not specifically imposed by statute. The
Administrator may omit such a certification requirement from the
proposal only if -
''(i) 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
''(ii) the Administrator approves in writing the retention of
the certification requirement.
''(B)(i) Not later than 210 days after the date of the enactment
of this Act, the head of each executive agency that has agency
procurement regulations containing one or more certification
requirements for contractors and offerors that are not specifically
imposed by statute shall issue for public comment a proposal to
amend the regulations to remove the certification requirements.
The head of the executive agency may omit such a certification
requirement from the proposal only if -
''(I) 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
''(II) the head of the executive agency approves in writing the
retention of such certification requirement.
''(ii) For purposes of clause (i), the term 'head of the
executive agency' with respect to a military department means the
Secretary of Defense.''