(A) BASIS FOR REQUEST.—Under procedures the Administrator 
establishes, a person may request the Administrator to review a 
regulation relating to procurement on the basis that the regulation 
is inconsistent with the Federal Acquisition Regulation. 
(B) PERIOD OF REVIEW.—Unless the request is frivolous or 
does not, on its face, state a valid basis for the review, the Admin-
istrator shall complete the review not later than 60 days after re-
ceiving the request. The time for completion of the review may be 
extended if the Administrator determines that an additional period 
of review is required. The Administrator shall advise the requester 
of the reasons for the extension and the date by which the review 
will be completed. 
(5) WHEN REGULATION IS INCONSISTENT OR NEEDS TO BE IM-
PROVED.—If the Administrator determines that a regulation relating to 
procurement is inconsistent with the Federal Acquisition Regulation or 
that the regulation otherwise should be revised to remove an inconsist-
ency with the policies prescribed under section 1121(b) of this title, the 
Administrator shall rescind or deny the promulgation of the regulation 
or take other action authorized under sections 1121, 1122(a) to (c)(1), 
1125, 1126, 1130, 1131, and 2305 of this title as may be necessary 
to remove the inconsistency. If the Administrator determines that the 
regulation, although not inconsistent with the Federal Acquisition Reg-
ulation or those policies, should be revised to improve compliance with 
the Regulation or policies, the Administrator shall take action author-
ized under sections 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 1131, 
and 2305 as may be necessary and appropriate. 
(6) DECISIONS TO BE IN WRITING AND PUBLICLY AVAILABLE.—The 
decisions of the Administrator shall be in writing and made publicly 
available. 
(b) ADDITIONAL RESPONSIBILITIES OF MEMBERSHIP.— 
(1) IN GENERAL.—Subject to the authority, direction, and control of 
the head of the agency concerned, each official who represents an agen-
cy on the Council pursuant to section 1302(b) of this title shall— 
(A) approve or disapprove all regulations relating to procure-
ment that are proposed for public comment, prescribed in final 
form, or otherwise made effective by that agency before the regula-
tion may be prescribed in final form, or otherwise made effective, 
except that the official may grant an interim approval, without re-
view, for not more than 60 days for a procurement regulation in 
urgent and compelling circumstances; 
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(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 ap-
proval in the procurement system of that agency; and 
(ii) redundant or unnecessary procurement regulations 
which are unique to that agency. 
(2) LIMITATION ON DELEGATION.—The authority to review and ap-
prove or disapprove regulations under paragraph (1)(A) may not be 
delegated to an individual outside the office of the official who rep-
resents the agency on the Council pursuant to section 1302(b) of this 
title. 
(c) GOVERNING POLICIES.—All actions of the Council and of members of 
the Council shall be in accordance with and furtherance of the policies pre-
scribed 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 DISCOURAGED.— 
The Council shall prescribe regulations to discourage the use of a non-
standard 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 con-
tracting 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 procurement made or to 
be made by the Federal Government unless that provision of law spe-
cifically provides that such a certification shall be required. 
(2) IN FEDERAL ACQUISITION REGULATION.—A requirement for a 
certification by a contractor or offeror may not be included in the Fed-
eral Acquisition Regulation unless— 
(A) the certification requirement is specifically imposed by stat-
ute; or 
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