[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Notices]
[Pages 9217-9218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4057]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-00XX]
Submission for OMB Review; Information Regarding Responsibility
Matters
AGENCY: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Notice of request for public comments regarding a new OMB
information clearance.
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SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995
(44 U.S.C. Chapter 35), the Regulatory Secretariat will be submitting
to the Office of Management and Budget (OMB) a request to review and
approve a new information collection requirement regarding Information
Regarding Responsibility Matters.
Public comments are particularly invited on: Whether this
collection of information is necessary for the proper performance of
functions of the 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 March 31, 2010.
ADDRESSES: Submit comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing this burden to GSA Desk Officer, OMB, Room 10236, NEOB,
Washington, DC 20503, and a copy to the Regulatory Secretariat (MVCB),
General Services Administration, 1800 F Street, NW., Room 4041,
Washington, DC 20405. Please cite OMB Control No. 9000-00XX,
Information Regarding Responsibility Matters, in all correspondence.
FOR FURTHER INFORMATION CONTACT: Ms. Millisa Gary, Procurement Analyst,
Contract Policy Branch, at (202) 501-0699 or [email protected].
SUPPLEMENTARY INFORMATION:
A. Purpose
The collection of new information is in compliance with section 872
of the Duncan Hunter National Defense Authorization Act of 2009 (Pub.
L. 110-417), enacted on October 14, 2008. Section 872 of the Act
requires the General Services Administration (GSA) to develop and
maintain a database containing specific information on the integrity
and performance of covered Federal agency contractors and grantees.
Section 872 defines a covered person as any person awarded a
Federal agency contract or grant in excess of $500,000 and any person
awarded ``such other category or categories of Federal agency contract
as the FAR may provide * * *'' Information to be included in the data
system is listed in section 872 and must cover the most recent five-
year period for--
[[Page 9218]]
i. Each civil or criminal proceeding, or any administrative
proceeding in connection with the award or performance of a contract or
grant with the Federal government during the period when the proceeding
results in one or more of the following:
A. A criminal proceeding resulting in a conviction.
B. A civil proceeding resulting in a finding of fault and liability
that results in payment of a monetary amount of $5,000 or more.
C. An administrative proceeding resulting in a finding of fault and
liability that results in payment of a monetary fine or penalty of
$5,000 or more; or payment of a monetary reimbursement, restitution, or
damages in excess of $100,000.
D. A disposition of the matter by consent or compromise with an
acknowledgment of fault by the covered person if the proceeding could
have led to any of the outcomes specified in subparagraphs A, B, or C
above.
ii. Each Federal contract and grant awarded to the person that was
terminated due to default.
iii. Each Federal administrative agreement entered into between the
person and the Federal Government to resolve a suspension or debarment
proceeding.
iv. Each final finding by a Federal official that the person has
been determined not to be a responsible source pursuant to subparagraph
(C) or (D) of section 4(7) of the OFPP Act (41 U.S.C.403(7)).
v. Such other information as shall be provided for purposes of this
section in the FAR.
vi. To the maximum extent practical, information similar to that
mentioned in subparagraphs I, ii, and iii, in connection with the award
or performance of a contract or grant with a State Government.
A new solicitation provision has been developed for inclusion in
solicitations expected to result in a contract of $500,000 or more. A
new provision (FAR 52.209-XX, Information Regarding Responsibility
Matters) will require each offeror to check a box indicating whether it
has, or has not, current Federal Government contracts and grants
totaling $10,000,000 or more. If the offeror checks the box indicating
that it does not currently have contracts and grants of at least
$10,000,000, that is the extent of the information collection. If,
however, the offeror checks the box indicating that it does currently
have contracts and grants of at least $10,000,000, and the offeror has
not updated its Central Contactor Registration (CCR) database in the
last six months, then the offeror is obligated to go to the CCR web
site and enter the following information:
``52.209-XX (c)
(1) (i) Whether the offeror, and/or any of its principals, has
or has not, within the last five years, been involved in a civil or
criminal proceeding, or any administrative proceeding, in connection
with the award to or performance by the offeror of a Federal or
State contract or grant, to the extent that such proceeding resulted
in any of the following dispositions:
(A) In a criminal proceeding, a conviction.
(B) In a civil proceeding, a finding of fault and liability that
results in the payment of a monetary fine, penalty, reimbursement,
restitution, or damages of $5,000 or more.
(C) In an administrative proceeding, a finding of fault and
liability that results in--
(1) The payment of a monetary fine or penalty of $5,000 or more;
or
(2) The payment of a reimbursement, restitution, or damages in
excess of $100,000.
(D) To the maximum extent practicable and consistent with
applicable laws and regulations, in a criminal, civil, or
administrative proceeding, a disposition of the matter by consent or
compromise with an acknowledgment of fault by the Contractor if the
proceeding could have led to any of the outcomes specified in
subparagraphs (i), (ii), or (iii).
(ii) If the offeror checked ``has'' to the information request
in (b)(1)(i), the offeror shall provide the requested information
with regard to each occurrence.''
In addition, the final rule includes a new clause that requires
Contractors to semi-annually update of the information in Federal
Awardee Performance and Integrity Information Systems (FAPIIS).
The final rule requires for every solicitation of $500,000 or more
that the offeror respond whether it has, or has not, current contracts
and grants under performance that total at least $10,000,000. Only if
the offeror responds affirmatively is there any further information
collection requirement. Given that the amount of current Federal
contracts and grants is basic knowledge for any firm, the estimated
number of hours for this initial response is 0.1 hours. Using data from
the Federal Procurement Data System--Next Generation (FPDS-NG), we
estimate that there will be approximately 12,000-14,000 contracts over
$500,000 each year. Estimating between five and six responses to each
solicitation, then believe there will be 80,000 responses annually to
the ``has/has not'' question.
We expect that 5,000 contractors will answer the first question
affirmatively and then will have to enter data into the website. We
have used a burden estimate of 0.5 hours to enter the company's data
into the website. This time estimate does not include the time
necessary to maintain the company's information internally. Most large
businesses and some small businesses probably have established systems
to track compliance. At this time, all or most Government contractors
have entered relevant company data in the Central Contractor
Registration (CCR) in accordance with another information collection
requirement. Therefore, the estimate includes an average of 100 hours
per year for recordkeeping for each of the 5,000 respondents to the
request for additional information, for a total of 500,000 annual
recordkeeping hours.
Annual Reporting Burden
Initial response:
Respondents.................................................. 8,000
Responses per respondent..................................... x 10
Total annual responses....................................... 80,000
Total response burden hours.................................. 8,000
Additional response:
Total annual responses....................................... 10,000
Total response burden hours.................................. 5,000
Recordkeeping hours.......................................... 500,000
Total burden hours........................................... 505,000
Obtaining Copies of Proposals: Requesters may obtain a copy of the
information collection documents from the General Services
Administration, Regulatory Secretariat (MVCB), 1800 F Street, NW., Room
4041, Washington, DC 20405, telephone (202) 501-4755. Please cite OMB
Control No. 9000-00XX, Information Regarding Responsibility Matters, in
all correspondence.
Dated: February 23, 2010.
Al Matera,
Director, Acquisition Policy Division.
[FR Doc. 2010-4057 Filed 2-26-10; 8:45 am]
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