33.207 Contractor certification
Source: FAR 33.207 on acquisition.gov
Contractors must provide a specific, authorized certification for any claim exceeding $100,000, or risk delays in claim resolution.
Overview
FAR 33.207 outlines the requirements for contractor certification when submitting claims exceeding $100,000 under government contracts. The regulation specifies the exact language for the certification, clarifies when certification is required, and addresses who may sign the certification. It also explains how to calculate the claim amount for threshold purposes and provides guidance on handling defective certifications.
Key Rules
- Certification Requirement for Claims > $100,000
- Contractors must provide a specific certification when submitting claims over $100,000.
- Certification Language
- The certification must affirm good faith, accuracy, completeness, correct amount, and proper authorization.
- Threshold Calculation
- Both increases and decreases in costs are aggregated to determine if the $100,000 threshold is met.
- Authorized Signatory
- Any person authorized to bind the contractor may sign the certification.
- Defective Certification
- A defective certification does not remove jurisdiction, but must be corrected before a final decision or judgment.
Responsibilities
- Contracting Officers: Ensure claims over $100,000 include the required certification and verify its validity.
- Contractors: Submit the required certification with claims over $100,000, using the prescribed language and ensuring an authorized individual signs.
- Agencies: Oversee compliance and require correction of any defective certifications before final decisions.
Practical Implications
- This section ensures that large claims are submitted in good faith and with accurate data, reducing the risk of fraudulent or unsupported claims.
- Contractors must be diligent in aggregating costs and using the correct certification language to avoid delays or jurisdictional issues.
- Failure to properly certify can delay claim resolution but does not automatically void the claim if corrected in time.
(a) Contractors shall provide the certification specified in paragraph (c) of this section when submitting any claim exceeding $100,000.
(b) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.
(c) The certification shall state as follows:
I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the contractor.
(d) The aggregate amount of both increased and decreased costs shall be used in determining when the dollar thresholds requiring certification are met (see example in 15.403-4(a)(1)(iii) regarding certified cost or pricing data).
(e) The certification may be executed by any person authorized to bind the contractor with respect to the claim.
(f) A defective certification shall not deprive a court or an agency BCA of jurisdiction over that claim. Prior to the entry of a final judgment by a court or a decision by an agency BCA, however, the court or agency BCA shall require a defective certification to be corrected.