[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Notices]
[Pages 62495-62496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25293]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0076; Docket 2012-0076; Sequence 12]
Federal Acquisition Regulation; Submission for OMB Review;
Novation/Change of Name Requirements
AGENCY: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Notice of request for comments regarding an extension to an
existing OMB clearance.
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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
Novation/Change of Name Requirements. 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; 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 November 14, 2012.
ADDRESSES: Submit comments identified by Information Collection 9000-
0076, Novation/Change of Name Requirements, by any of the following
methods:
Regulations.gov: http://www.regulations.gov. Submit
comments
[[Page 62496]]
via the Federal eRulemaking portal by searching the OMB control number.
Select the link ``Submit a Comment'' that corresponds with
``Information Collection 9000-0076, Novation/Change of Name
Requirements''. Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``Information Collection 9000-0076, Novation/Change of Name
Requirements'' 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 9000-0076, Novation/Change of Name Requirements.
Instructions: Please submit comments only and cite Information
Collection 9000-0076, Novation/Change of Name Requirements, 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. Curtis E. Glover, Sr., Procurement
Analyst, Office of Governmentwide Acquisition Policy, GSA, (202) 208-
4949 or via email [email protected].
SUPPLEMENTARY INFORMATION:
A. Purpose
FAR 42.1203 and 42.1204 provide requirements for contractors to
request novation/change of name agreements and supporting documents
when a firm performing under Government contracts wishes the Government
to recognize (1) a successor in interest to these contracts, or (2) a
name change, it must submit certain documentation to the Government.
B. Discussion and Analysis
One respondent submitted public comments on the extension of the
previously approved information collection. The analysis of the public
comments is summarized as follows:
Comment: The respondent commented that the extension of the
information collection would violate the fundamental purposes of the
Paperwork Reduction Act (PRA) because of the burden it puts on the
entity submitting the information and the agency collecting the
information. The respondent opposed granting the extension under the
PRA.
Response: In accordance with the PRA, agencies can request an OMB
approval of an existing information collection. The PRA requires that
agencies use the Federal Register notice and comment process, to extend
the OMB's approval, at least every three years. This extension, to a
previously approved information collection, pertains to FAR Subpart
42.12, Novation and Change-of-Name Agreements. The purpose of this
subpart is to allow recognition of a successor in interest to
Government contracts when contractor assets are transferred,
recognition of a change in a contractor's name, and execution of
novation agreements and change-of-name agreements by the responsible
contracting officer. This subpart provides the contractor a process and
a forum to transfer interest in a Government contract and recognition
of a corporate name change. Not granting this extension would eliminate
the contractor's ability to conduct business with the Government in
those instances where the company has been sold or changed its name.
Comment: The respondent commented 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 same 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 adjustment was made from the total preparation hours
from three to 60. This change was made 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
Respondents: 1,000.
Responses per Respondent: 1.
Annual Responses: 1,000.
Hours per Response: 2.0.
Total Burden Hours: 2,000.
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. 9000-0076, Novation/Change of Name Requirements, in all
correspondence.
Dated: October 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. 2012-25293 Filed 10-12-12; 8:45 am]
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