§ 2803.104-9 - Certification requirements.

(a) Record-keeping requirements. (1) For those contracts over $100,000, the contracting officer's and the contractor's certifications shall be filed in the contract file. Also, the list of personnel having access to source selection information submitted by the program office head will be filed in the contract folder in accordance with FAR 3.104-5.

(2) Bureaus are required to maintain a central file of all certifications required by FAR 3.104-12.

(b) Exception to certification requirements. In an exceptional case, the Attorney General may determine in writing that the certification requirement should be waived. The contracting officer, with approval of the Bureau Director, shall submit a request for waiver to the Office of the Procurement Executive. The request shall clearly identify the procurement, or class of procurements, and provide a detailed justification for the requested waiver. The Procurement Executive will evaluate the request, provide recommendations, and forward the request to the Attorney General for his determination. The resulting decision of the Attorney General shall state the reasons for approval or disapproval of the waiver. The Attorney General shall promptly notify Congress, in writing, of each waiver approved. The authority to approve a waiver may not be delegated.