C.  Contractor Certification "to the Best of Its Knowledge and Belief"

Comment: A respondent stated that there is no generally accepted definition of "to the best of its knowledge or belief." This respondent explained that "(s)ometimes it means simply that the person making the representation has no information to the contrary and is not willfully refusing to see a problem. At other times, it has been held to imply a duty to investigate before making the representation."

Response: The standard, "to the best of its knowledge and belief," is a recognized legal term of art, and one that has been used in numerous statutes over decades, e.g., The Truth in Negotiations Act has been in effect since 1963. ("A person required, as an offeror, contractor, or subcontractor, to submit cost or pricing data under paragraph (1) * * * shall be required to certify that, to the best of the person's knowledge and belief, the cost or pricing data submitted are accurate, complete, and current." (10 U.S.C. 2306a, paragraph (a)(2)).