[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Notices]
[Pages 38342-38343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15300]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0115; Docket 2012-0076; Sequence 70]
Submission for OMB Review; Notification of Ownership Changes
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.
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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
notification of ownership changes. A notice was published in the
Federal Register at 77 FR 74663, on December 17, 2012. One respondent
submitted comments.
DATES: Comments may be submitted on or before July 26, 2013.
ADDRESSES: Submit comments identified by Information Collection 9000-
0115, Notification of Ownership Changes 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 9000-0115, Notification of
Ownership Changes''. Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``Information Collection 9000-0115, Notification of Ownership Changes''
on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), 1800 F Street NW., Washington, DC 20405-0001. ATTN:
Hada Flowers/IC 9000-0115, Notification of Ownership Changes.
Instructions: Please submit comments only and cite Information
Collection 9000-0115, Notification of Ownership Changes, in all
correspondence related to this collection. Submit comments regarding
this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden to: FAR
Desk Officer, OMB, Room 10102, NEOB, Washington, DC 20503. 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: Edward Chambers, Procurement Analyst,
Office of Acquisition Policy, GSA, (202) 501-3221 or email
[email protected].
SUPPLEMENTARY INFORMATION:
A. Purpose
Allowable costs of assets are limited in the event of change in
ownership of a contractor. Contractors are required to provide the
Government adequate and timely notice of this event per the FAR clause
at 52.215-19, Notification of Ownership Changes.
B. Discussion and Analysis
One respondent submitted 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 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 clause 52.215-19. This clause requires a
contractor, when becoming aware that a change in its ownership has
occurred, or is certain to occur, that could result in changes in the
valuation of its capitalized assets in the accounting records, to
notify the Administrative Contracting Officer (ACO) within 30 days.
Further, the contractor has
[[Page 38343]]
responsibilities regarding the maintenance and availability of
inventory records of assets. Without this information or ability to
access the information, after an ownership change, the Government would
be unable to ascertain whether contractor assets were properly
valuated. The cost principles at FAR 31.205-52 address the allowability
of certain costs resulting from asset valuations following business
combinations. In order to administer the cost principles adequately,
the information required by FAR 52.215-19 is necessary.
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.
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.
Upon consideration of the respondent's comments and review of
Fiscal Year 2012 (FY12) Federal Procurement Data System (FPDS)
information an adjustment is being made to the estimated annual burden.
Based on FPDS information approximately 1200 novations and non-novated
mergers and acquisitions were recorded in FY12 as descriptions for
modifications. However, it is estimated that 50 percent or 600 of such
actions will require the contractor to meet the requirements specified
at FAR 52.215-19. The clause is only required to be inserted in
solicitations and contracts for which it is contemplated that certified
cost or pricing data will be required or for which any pre-award or
post-award cost determination will be subject to Subpart 31.2. The
estimate of hours per response is adjusted upwards to partly allow for
the internal coordination and analysis before submitting the
information to the Government as stated by the respondent. However the
significant adjustment suggested was not made because, apart from a
notification to the ACO, the requirements of the clause are passive,
requiring contractors to maintain rather than to create records to meet
the specific requirements for Government submission, and should be part
of the normal course of doing business. 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: 600.
Responses per Respondent: 1.
Total Responses: 600.
Hours per Response: 5.
Total Burden Hours: 3000.
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. 9000-0115, Notification of Ownership Changes, in all
correspondence.
Dated: June 21, 2013.
William Clark,
Acting Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2013-15300 Filed 6-25-13; 8:45 am]
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