10 U.S.C. § 3747 | Contractor certification

(a)

Content and Form .—

A proposal for settlement of indirect costs applicable to a covered contract shall include a certification by an official of the contractor that, to the best of the certifying official’s knowledge and belief, all indirect costs included in the proposal are allowable. Any such certification shall be in a form prescribed in the Federal Acquisition Regulation.

(b)

Waiver .—

The head of the agency or the Secretary of the military department concerned may, in an exceptional case, waive the requirement for certification under subsection (a) in the case of any contract if the head of the agency or the Secretary—

(1)

determines in such case that it would be in the interest of the United States to waive such certification; and

(2)

states in writing the reasons for that determination and makes such determination available to the public.

Pub. L. 116–283, div. A, title XVIII, § 1832(a)Jan. 1, 2021134 Stat. 4218 (Added and amended , (f), , , 4221.)

Editorial Notes

Codification

section 2324 of this title Pub. L. 116–283, § 1832(f)Pub. L. 99–145, title IX, § 911(a)(1)Nov. 8, 198599 Stat. 684 Pub. L. 99–190, § 101(b) [title VIII, § 8112(a)(2)]Dec. 19, 198599 Stat. 1185 Pub. L. 103–355, title II, § 2101(a)(8)Oct. 13, 1994108 Stat. 3308 Pub. L. 104–106, div. D, title XLIII, § 4321(b)(9)(B)Feb. 10, 1996110 Stat. 672 The text of subsec. (h) of , which was transferred to this section and amended by , was based on , , ; , , , 1223; , , ; , , .

Prior Provisions

section 7276 of this titleA prior section 3746 was renumbered .

Amendments

Pub. L. 116–283, § 1832(f)(1)(A)section 2324 of this title2021—, transferred subsec. (h) of to this section and struck out subsec. (h) designation and heading “Contractor Certification Required” at beginning.

Pub. L. 116–283, § 1832(f)(1)(B)section 2324(h) of this titleSubsec. (a). , (2), redesignated par. (1) of as subsec. (a) of this section and inserted heading.

Pub. L. 116–283, § 1832(f)(1)(B)section 2324(h) of this titleSubsec. (b). , (3), redesignated par. (2) of as subsec. (b) of this section, inserted heading, substituted “subsection (a)” for “paragraph (1)” in introductory provisions, and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 116–283Jan. 1, 2022section 1801(d) of Pub. L. 116–283 section 3001 of this titleSection and amendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as an Effective Date of 2021 Amendment note preceding .