FAR 1.107—Certifications.
Plain-English Summary
FAR 1.107 implements the statutory control on adding new certification requirements to the FAR. It addresses when a contractor or offeror may be required to certify something in connection with a federal procurement, and it ties that authority to 41 U.S.C. 1304. In practical terms, the section limits agencies and the FAR Council from creating new certifications on their own initiative unless Congress has specifically required the certification by statute or the FAR Council prepares a written justification and obtains written approval from the Administrator for Federal Procurement Policy. The purpose is to prevent unnecessary, duplicative, or burdensome certifications from being added to federal solicitations and contracts without high-level review. For contracting officers and acquisition personnel, this means any proposed new certification must be checked against statutory authority or the formal approval process before it is used. For contractors and offerors, it provides a safeguard against being asked to certify matters that have not gone through the required legal and policy review.
Key Rules
No new certification by default
A new certification requirement may not be added to the FAR unless it fits within one of the two permitted paths in this section. This creates a general prohibition on introducing new contractor or offeror certifications without proper authority.
Statutory certification allowed
If a statute specifically imposes the certification requirement, it may be included in the FAR. The key question is whether Congress has expressly required the certification, not whether the requirement is merely useful or desirable.
Written justification required otherwise
If the certification is not specifically imposed by statute, the FAR Council must provide written justification to the Administrator for Federal Procurement Policy. The certification may be included only if the Administrator approves it in writing.
Approval must be in writing
The Administrator’s approval must be documented in writing before the certification requirement can be included. This ensures there is a formal record of the decision and prevents informal or implied approval.
Applies to contractor or offeror certifications
The rule covers certifications required from either contractors or offerors. It applies broadly to certification language used in solicitations, contracts, or other FAR-based procurement requirements.
Responsibilities
Federal Acquisition Regulatory Council
Before proposing a new certification requirement that is not specifically imposed by statute, prepare a written justification and submit it to the Administrator for Federal Procurement Policy for approval.
Administrator for Federal Procurement Policy
Review the FAR Council’s written justification and approve or disapprove inclusion of the certification requirement in writing.
Contracting Officers
Ensure any certification included in a solicitation or contract has a valid statutory basis or has gone through the required written justification and approval process before use.
Agencies
Avoid creating or inserting new certification requirements on their own unless the requirement is specifically imposed by statute or has been properly approved under this section.
Contractors and Offerors
Review certification requirements in solicitations and contracts, and recognize that any new certification should have a legal basis under statute or formal FAR approval.
Practical Implications
Contracting officers should verify the authority for every certification before issuing a solicitation; unsupported certifications can create compliance problems and protest risk.
Agencies cannot add convenience certifications just because they want extra assurance; the requirement must come from statute or the formal approval process.
Contractors should be alert to certifications that appear novel, duplicative, or unrelated to the procurement, because they may be challengeable if not properly authorized.
This section helps reduce unnecessary paperwork and limits the spread of inconsistent certification language across procurements.
A common pitfall is treating a certification as a routine clause insertion without checking whether it was specifically authorized; that can lead to invalid solicitation terms or corrective action.
Official Regulatory Text
In accordance with 41 U.S.C. 1304 , a new requirement for a certification by a contractor or offeror may not be included in this chapter unless- (a) The certification requirement is specifically imposed by statute; or (b) Written justification for such certification 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.