FAR 33.207—Contractor certification.
Plain-English Summary
FAR 33.207 sets the contractor certification requirement for claims under the Contract Disputes Act and explains when certification is required, what the certification must say, who may sign it, and what happens if the certification is defective. It applies to contractor claims exceeding $100,000 and makes clear that the certification requirement does not apply to mere issues in controversy unless they have been submitted as part of a claim. The rule also specifies the exact certification language, including good faith, accuracy and completeness of supporting data, the correctness of the amount requested, and the signer’s authority to certify on the contractor’s behalf. In addition, it explains how to count the dollar threshold by using the aggregate amount of both increased and decreased costs, and it confirms that a defective certification does not eliminate jurisdiction in court or before an agency board of contract appeals. Practically, this section matters because an uncertified or improperly certified claim can delay resolution, require correction, and create avoidable disputes over whether the claim is validly presented.
Key Rules
Certification required over $100,000
A contractor must provide the required certification when submitting any claim that exceeds $100,000. This is a threshold requirement tied to the claim amount, not to the contractor’s preference or the contracting officer’s request.
Only claims need certification
The rule does not apply to issues in controversy that have not been submitted as all or part of a claim. In other words, informal disputes or negotiations are not certifiable claims until they are formally presented as a claim.
Exact certification statement
The certification must state that the claim is made in good faith, the supporting data are accurate and complete to the best of the certifier’s knowledge and belief, the amount requested accurately reflects the contract adjustment believed due, and the signer is duly authorized to certify for the contractor.
Aggregate costs count toward threshold
When determining whether the certification threshold is met, the aggregate amount of both increased and decreased costs is used. Contractors cannot avoid certification by netting offsets if the total claim-related amounts exceed the threshold.
Authorized signer required
The certification may be executed by any person authorized to bind the contractor with respect to the claim. The signer must have actual authority to commit the contractor on the claim, not merely a general familiarity with the matter.
Defective certification is curable
A defective certification does not deprive a court or agency board of contract appeals of jurisdiction over the claim. However, before final judgment or a board decision, the defective certification must be corrected.
Responsibilities
Contractor
Submit the required certification with any claim over $100,000, ensure the statement uses the required language, and make sure the certifier is authorized to bind the contractor. The contractor must also correct any defective certification when required by a court or agency board.
Certifying official
Sign the certification only if authorized to bind the contractor on the claim and only after confirming the claim is made in good faith and the supporting data and amount requested are accurate to the best of the signer’s knowledge and belief.
Contracting Officer
Recognize that certification is required for qualifying claims and distinguish between a formal claim and a mere issue in controversy. The contracting officer should identify defective certifications and process the claim accordingly, knowing that defects do not eliminate jurisdiction.
Court or Agency Board of Contract Appeals
Accept jurisdiction over a claim even if the certification is defective, but require the contractor to correct the defect before final judgment or decision.
Practical Implications
A claim over $100,000 that is missing certification is vulnerable to delay and procedural challenge, even though a defective certification does not destroy jurisdiction.
Contractors should use the exact FAR certification language or a very close equivalent that captures all required elements; missing any element can make the certification defective.
The signer’s authority matters. A project manager or claims consultant may not be enough unless that person is actually authorized to bind the contractor on the claim.
When calculating whether certification is required, contractors should look at the total claim-related amount, including both upward and downward adjustments, rather than only the net amount.
If a certification is defective, it should be corrected promptly to avoid litigation or board delays and to prevent the defect from becoming a distraction in the merits of the claim.
Official Regulatory Text
(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.