10 USC § 3747 - Contractor certification

---
identifier: "/us/usc/t10/s3747"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 3747 - Contractor certification"
title_number: 10
title_name: "ARMED FORCES"
section_number: "3747"
section_name: "Contractor certification"
chapter_number: 273
chapter_name: "ALLOWABLE COSTS"
subchapter_number: "I"
subchapter_name: "GENERAL"
part_number: "V"
part_name: "ACQUISITION"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1832(a), (f), Jan. 1, 2021, 134 Stat. 4218, 4221.)"
---


# § 3747. Contractor certification

**(a)** **Content and Form.—** A proposal for settlement of indirect costs applicable to a covered contract shall include a certification by an official of the contractor that, to the best of the certifying official’s knowledge and belief, all indirect costs included in the proposal are allowable. Any such certification shall be in a form prescribed in the Federal Acquisition Regulation.

**(b)** **Waiver.—** The head of the agency or the Secretary of the military department concerned may, in an exceptional case, waive the requirement for certification under subsection (a) in the case of any contract if the head of the agency or the Secretary—

**(1)** determines in such case that it would be in the interest of the United States to waive such certification; and

**(2)** states in writing the reasons for that determination and makes such determination available to the public.

---

**Source Credit**: (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1832(a), (f), Jan. 1, 2021, 134 Stat. 4218, 4221.)

## Editorial Notes

### Codification

The text of subsec. (h) of , which was transferred to this section and amended by , was based on , , ; , , , 1223; , , ; , , .

### Prior Provisions

A prior section 3746 was renumbered .

### Amendments

2021—, transferred subsec. (h) of  to this section and struck out subsec. (h) designation and heading “Contractor Certification Required” at beginning.

Subsec. (a). , (2), redesignated par. (1) of  as subsec. (a) of this section and inserted heading.

Subsec. (b). , (3), redesignated par. (2) of  as subsec. (b) of this section, inserted heading, substituted “subsection (a)” for “paragraph (1)” in introductory provisions, and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively.

## Statutory Notes and Related Subsidiaries

### Effective Date

Section and amendment by  effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as an Effective Date of 2021 Amendment note preceding .