1.107
Certifications
New contractor certifications can only be added to the FAR if required by law or formally justified and approved at the highest levels, protecting contractors from unnecessary burdens.
Overview
FAR 1.107 establishes strict limitations on when new certification requirements can be imposed on contractors or offerors in federal acquisitions. Specifically, it ensures that any new certification included in the FAR must either be mandated by statute or be justified and approved through a formal process involving the Federal Acquisition Regulatory Council and the Administrator for Federal Procurement Policy. This provision is designed to prevent unnecessary or burdensome certification requirements unless they are legally required or have been thoroughly vetted and approved at the highest levels.
Key Rules
- Statutory Certification Requirement
- New certifications can only be added if specifically required by law.
- Justification and Approval Process
- If not required by statute, a written justification must be submitted to the Administrator for Federal Procurement Policy, who must then approve the certification in writing before it can be included.
Responsibilities
- Contracting Officers: Must ensure that any certification requirement in solicitations or contracts is either statutorily required or has received the necessary approvals.
- Contractors: Should be aware that new certifications cannot be arbitrarily imposed and may request justification if a new certification appears.
- Agencies: Must follow the justification and approval process for any new certification not required by statute.
Practical Implications
- This section exists to minimize unnecessary administrative burdens on contractors and ensure only essential certifications are required.
- It protects contractors from arbitrary or excessive certification demands.
- Common issues include improper inclusion of certifications without statutory basis or required approvals, which can lead to protest or compliance challenges.