[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR33.207]



[Page 718]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 33_PROTESTS, DISPUTES, AND APPEALS--Table of Contents

 

                    Subpart 33.2_Disputes and Appeals

 

Sec. 33.207  Contractor certification.



    (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 cost 

or pricing data).

    (e) The certification may be executed by any person duly 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.



[59 FR 11381, Mar. 10, 1994, as amended at 60 FR 48218, 48230, Sept. 18, 

1995; 62 FR 51271, Sept. 30, 1997; 63 FR 58595, Oct. 30, 1998]