PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 657 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 enact- Public comment, ment 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. (2) FUTURE CERTIFICATION REQUIREMENTS.— (A) Section 29 of the Office of Federal Procurement Policy Act (41 U.S.C. 425) is amended— (i) by amending the heading to read as follows: "SEC. 29. CONTRACT CLAUSES AND CERTIFICATIONS."; (ii) by inserting "(a) NONSTANDARD CONTRACT CLAUSES.— " before "The Federal Acquisition"; and (iii) by adding at the end the following new subsection: " (c) PROHIBITION ON CERTIFICATION REQUIREMENTS.—(1) A requirement for a certification by a contractor or offeror may not be included in the Federal Acquisition Regulation unless— "(A) the certification requirement is specifically imposed by statute; or "(B) written justification for such certification requirement is provided to the Administrator for Federal Procurement Policy by the Federal Acquisition Regulatory Council, and the Administrator approves in writing the inclusion of such certification requirement. "(2)(A) A requirement for a certification by a contractor or offeror may not be included in a procurement regulation of an executive agency unless— "(i) the certification requirement is specifically imposed by statute; or "(ii) written justification for such 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 such certification requirement. "(B) For purposes of subparagraph (A), the term 'head of the executive agency' with respect to a military department means the Secretary of Defense.".
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