2006-011-Cert-Approval Ltr-2007

EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503

OFFICE OF FEDERAL
PROCUREMENT POLICY

January 16, 2008
Mr. David Drabkin
Deputy Chief Acquisition Officer
U.S. General Services Administration
1800 F Street, NW, Room 4040
Washington, DC 20405-0002
Dear Mr. Drabkin:
The enclosed letter and justification, dated November 14, 2007, request my approval to
revise two existing non-statutory certifications in the Federal Acquisition Regulation (FAR) at
FAR 52.209-5, Certification Regarding Responsibility Matters and FAR 52.212-3(h), Offeror
Representations and Certifications – Commercial Items.
As required by Section 29 of the Office of Federal Procurement Policy (OFPP) Act (see
41 U.S.C. 425), a new requirement for a certification by a contractor or offeror may be included
in the FAR only if the (a) certification requirement is specifically imposed by statute; or (b)
written justification for the certification is provided by the Federal Acquisition Regulatory
Council and approved in writing by the Administrator of OFPP.
According to the justification, the revised certifications at FAR 52.209-5 and 52.212-3
(h) requires offerors to certify if they, within a three-year period preceding an offer, were
notified of any delinquent Federal taxes for which they remain liable. The information derived
from the contractor’s self certification will be used by the Government to determine an offeror’s
eligibility for award. Based on this information, I am approving the two revised non-statutory
certifications at FAR 52.209-5 and 52.212-3(h) for inclusion into the FAR.
If you have any questions, please contact Julia Wise of my staff at (202) 395-7561 or
[email protected].
[email protected]
Sincerely,

Paul A. Denett
Administrator
Enclosure