Page:United States Statutes at Large Volume 106 Part 3.djvu/659

 PUBLIC LAW 102-484—OCT. 23, 1992 106 STAT. 2453 '^2) require that the person who certifies such a claim or request oe an individiud who is authorized to bind the contractor and who has knowledge of the basis of the claim or request, knowledge of the accuracy and completeness of the supporting data, and knowledge of the claim or request, "(b) PUBLICATION.— The Secretary of Defense shall ensure that, upon promulgation of the regulations, the regulations are published in the Federal Register. "(c) REPORT.— If at any time the Secretary of Defense proposes revisions to the regulations promulgated pursuant to this section, the Secretary shall ensure that the proposed revisions are published in the Federal Register and, at the time of publication of such revisions, shall submit to Congress a report describing the proposed revisions and explaining why the regulations should be revised. The Secretary of Defense may not promulgate regulations containing such proposed revisions until the expiration of the 90-day period beginning on the date of receipt by Congress of such report." (2) The table of sections at the beginning of such chapter, as amended by sections 384 and 808, is further amended by aading at the end the following new item: '^lOe. Contract claims: certification regulations.". (b) REPEAL.— Section 2410 of title 10, United States Code, is repecded, effective imon the promulgation of regulations pursuant to section 2410e of title 10, United States Code, as added by subsection (a). (c) ADJUSTMENT OP SHIPBUILDING CONTRACTS.—Section 2405 of title 10, United States Code, is amended by adding at the end the following new subsection: "(c)(1) Ii a certification referred to in subsection (b) with respect to a shipbuilding contract is determined to be deficient because of the position, status, or scope of authority of the person executing the certification, the contractor may resubmit the certification. The resubmitted certification shall be based on the knowledge of the contractor and the supporting data that existed when the original certification was submitted. The appropriateness of the person executing the resubmitted certification snail be determined on the basis of applicable law in effect at the time of the resubmission. "(2) It a certification is resubmitted pursuant to paragraph (1) by the date described in p£u*agraph (3), the resubmitted certification shall be deemed to have been submitted for purposes of this section at the time the original certification was submitted. "(3) The date by which a certification may be resubmitted for purposes of paragraph (2) is the date which is the later of— "(A) 90 days after tihe promulgation of regulations under section 2410e(a) of this title; or "(B) 30 days after the date which is the earlier of the date on which— "(i) the contractor is notified in writing, by an individual designated to make such notification by the Secretary of Defense, of the deficiency in the previously submitted claim, request, or demand; "(ii) a board of contract appeals issues a decision determining the previously submitted claim, request, or demand to be deficient; or "(iii) a Federal court rendera a judgment determining the previously submitted claim, request, or demand to be deficient." Federal Register, publication. Federal Register, publication.

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