Page:United States Statutes at Large Volume 124.djvu/3719

 124 STAT. 3693 PUBLIC LAW 111–350—JAN. 4, 2011 (A) approve or disapprove all regulations relating to procurement that are proposed for public comment, pre- scribed in final form, or otherwise made effective by that agency before the regulation may be prescribed in final form, or otherwise made effective, except that the official may grant an interim approval, without review, for not more than 60 days for a procurement regulation in urgent and compelling circumstances; (B) carry out the responsibilities of that agency set forth in chapter 35 of title 44 for each information collection request that relates to procurement rules or regulations; and (C) eliminate or reduce— (i) any redundant or unnecessary levels of review and approval in the procurement system of that agency; and (ii) redundant or unnecessary procurement regula- tions which are unique to that agency. (2) LIMITATION ON DELEGATION.—The authority to review and approve or disapprove regulations under paragraph (1)(A) may not be delegated to an individual outside the office of the official who represents the agency on the Council pursuant to section 1302(b) of this title. (c) GOVERNING POLICIES.—All actions of the Council and of mem- bers of the Council shall be in accordance with and furtherance of the policies prescribed under section 1121(b) of this title. (d) GENERAL AUTHORITY WITH RESPECT TO FEDERAL ACQUISITION REGULATION.—Subject to section 1121(d) of this title, the Council shall manage, coordinate, control, and monitor the maintenance of, issuance of, and changes in, the Federal Acquisition Regulation. § 1304. Contract clauses and certifications (a) REPETITIVE NONSTANDARD CONTRACT CLAUSES DISCOUR- AGED.—The Council shall prescribe regulations to discourage the use of a nonstandard contract clause on a repetitive basis. The regulations shall include provisions that— (1) clearly define what types of contract clauses are to be treated as nonstandard clauses; and (2) require prior approval for the use of a nonstandard clause on a repetitive basis by an official at a level of responsibility above the contracting officer. (b) WHEN CERTIFICATION REQUIRED.— (1) BY LAW.—A provision of law may not be construed as requiring a certification by a contractor or offeror in a procure- ment made or to be made by the Federal Government unless that provision of law specifically provides that such a certifi- cation shall be required. (2) IN FEDERAL ACQUISITION REGULATION.—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 the certification requirement is provided to the Administrator by the Council and the Administrator approves in writing the inclusion of the cer- tification requirement. (3) EXECUTIVE AGENCY PROCUREMENT REGULATION.—