[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Notices]
[Pages 56644-56645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22560]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0149: Docket 2012-0076; Sequence 15]
Federal Acquisition Regulation; Information Collection;
Subcontract Consent
AGENCY: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Notice of request for public comments regarding an extension to
an existing OMB clearance (9000-0149).
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SUMMARY: Under the provisions of the Paperwork Reduction Act, the
Regulatory Secretariat will be submitting to the Office of Management
and Budget (OMB) a request to review and approve an extension of a
previously approved information collection requirement concerning
subcontract consent. A notice was published in the Federal Register at
77 FR 29983, on May 21, 2012. One respondent submitted comments.
Public comments are particularly invited on: Whether this
collection of information is necessary for the proper performance of
functions of the Federal Acquisition Regulation (FAR), and whether it
will have practical utility; whether our estimate of the public burden
of this collection of information is accurate, and based on valid
assumptions and methodology; ways to enhance the quality, utility, and
clarity of the information to be collected; and ways in which we can
minimize the burden of the collection of information on those who are
to respond, through the use of appropriate technological collection
techniques or other forms of information technology.
DATES: Submit comments on or before October 15, 2012.
ADDRESSES: Submit comments identified by Information Collection 9000-
0149, Subcontract Consent, by any of the following methods:
Regulations.gov: http://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by searching the
OMB control number. Select the link ``Submit a Comment'' that
corresponds with ``Information Collection 9000-0149, Subcontract
Consent''. Follow the instructions provided at the ``Submit a Comment''
screen. Please include your name, company name (if any), and
``Information Collection 9000-0149, Subcontract Consent'' on your
attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), 1275 First Street NE., Washington, DC 20417. ATTN:
Hada Flowers/IC 9000-0149, Subcontract Consent.
Instructions: Please submit comments only and cite Information
Collection 9000-0149, Subcontract Consent, in all correspondence
related to this collection. All comments received will be posted
without change to http://www.regulations.gov, including any personal
and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Karlos Morgan, Procurement
Analyst, Contract Policy Division, GSA, (202) 501-2364 or via email at
[email protected].
SUPPLEMENTARY INFORMATION:
A. Purpose
The objective of consent to subcontract, as discussed in FAR Part
44, is to evaluate the efficiency and effectiveness with which the
contractor spends Government funds, and complies with Government policy
when subcontracting. The Government requires a contractor to provide
certain information (e.g., subcontractor's name, type of subcontract,
price, description of supply or services, etc.) reasonably in advance
of placing a subcontract to ensure that the proposed subcontract is
appropriate for the risks involved and consistent with current policy
and sound business judgment. The information provides the Government a
basis for granting, or withholding consent to subcontract.
B. Discussion and Analysis
Comment: The respondent questioned whether the extension of the
information collection would violate the fundamental purposes of the
Paperwork Reduction Act because of the burden it puts on the entity
submitting the information and the agency collecting the information.
Response: In accordance with the Paperwork Reduction Act (PRA),
agencies can request OMB approval of an existing information
collection. The PRA requires that agencies use the Federal Register
notice and comment process, to extend OMB's approval, at least every
three years. This extension, to a previously approved information
collection, pertains to FAR Subpart 44.2, Consent to subcontract and
the contract clause at FAR 52.244-2, Subcontracts. The purpose of the
clause is to provide the prime contractor with consent to perform some
requirements of the contract through the use of a subcontract or
subcontractor. Prime contractors and the government have a direct legal
relationship; however, the government does not have such a relationship
with subcontractors. As a result, the prime contractor is obligated to
ensure that the requirements of the contract are met properly,
including those requirements performed by the subcontractor. Failure to
grant this extension would have a detrimental impact on a contractor's
ability to provide goods and services to the Federal Government.
Comment: The respondent questioned that the agency did not
accurately estimate the public burden challenging that the agency's
methodology for calculating it is insufficient and inadequate and does
not reflect the total burden. For this reason, the respondent provided
that the Agency should reassess the estimated total burden hours and
revise the estimate upwards to be more accurate, as was done in FAR
Case 2007-006. The respondent also provided that the burden of
compliance with the information collection requirement greatly exceeds
the agency's estimate and outweighs any potential utility of the
extension.
Response: Serious consideration is given, during the open comment
period, to all comments received and adjustments are made to the
paperwork burden estimate based on reasonable considerations provided
by the public. This is evidenced, as the respondent notes, in FAR Case
2007-006 where an
[[Page 56645]]
adjustment was made from the total preparation hours from three to 60.
This change was made based on the comment considering particularly the
hours that would be required for review within the company, prior to
release to the Government. The burden is prepared taking into
consideration the necessary criteria in OMB guidance for estimating the
paperwork burden put on the entity submitting the information. For
example, consideration is given to an entity reviewing instructions;
using technology to collect, process, and disclose information;
adjusting existing practices to comply with requirements; searching
data sources; completing and reviewing the response; and transmitting
or disclosing information. The estimated burden hours for a collection
are based on an average between the hours that a simple disclosure by a
very small business might require and the much higher numbers that
might be required for a very complex disclosure by a major corporation.
Also, the estimated burden hours should only include projected hours
for those actions which a company would not undertake in the normal
course of business. Careful consideration went into assessing the
estimated burden hours for this collection, and it is determined that
an upward adjustment is not required at this time. However, at any
point, members of the public may submit comments for further
consideration, and are encouraged to provide data to support their
request for an adjustment.
C. Annual Reporting Burden
Number of Respondents: 4,252.
Responses per Respondent: 3.61.
Total Responses: 15,349.
Average Burden Hours per Response: .87.
Total Burden Hours: 13,353.
Obtaining Copies of Proposals
Requesters may obtain a copy of the information collection
documents from the General Services Administration, Regulatory
Secretariat (MVCB), 1275 First Street NE., Washington, DC 20417,
telephone (202) 501-4755. Please cite OMB Control No. 9000-0149,
Subcontract Consent, in all correspondence.
Dated: September 5, 2012.
William Clark,
Acting Director, Federal Acquisition Policy Division, Office of
Governmentwide Acquisition Policy, Office of Acquisition Policy, Office
of Governmentwide Policy.
[FR Doc. 2012-22560 Filed 9-12-12; 8:45 am]
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