Federal Acquisition Regulation; Submission for OMB Review; Past Performance Information, 13005-13006 [2015-05673]

Agencies

• DEPARTMENT OF DEFENSE
• General Services Administration
• National Aeronautics and Space Administration

[Federal Register Volume 80, Number 48 (Thursday, March 12, 2015)]
[Notices]
[Pages 13005-13006]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05673]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0142; Docket 2014-0055; Sequence 31]


Federal Acquisition Regulation; Submission for OMB Review; Past 
Performance Information

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 Division 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 past performance information. A request for public comments 
was published in the Federal Register at 79 FR 68683, November 18, 
2014. Five comments were received.

DATES: Submit comments on or before April 13, 2015.

ADDRESSES: Submit comments identified by Information Collection 9000-
0142, Past Performance Information, by any of the following methods:
     Regulations.gov: https://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching the OMB 
control number 9000-0142. Select the link ``Comment Now'' that 
corresponds with ``Information Collection 9000-0142, Past Performance 
Information.'' Follow the instructions provided on the screen. Please 
include your name, company name (if any), and ``Information Collection 
9000-0142, Past Performance Information,'' on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. 
ATTN: Ms. Flowers/IC 9000-0142, Past Performance Information.
    Instructions: Please submit comments only and cite ``Information 
Collection 9000-0142, Past Performance Information'', in all 
correspondence related to this collection. All comments received will 
be posted without change to https://www.regulations.gov, including any 
personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement 
Analyst, Acquisition Policy Division, at GSA 202-501-1448 or email 
curtis.glover@gsa.gov.

SUPPLEMENTARY INFORMATION: 

A. Purpose

    Past performance information regarding a contractor's actions under 
previously awarded contracts is relevant information for future source 
selection purposes. The information collection requirements at FAR 
15.304 and 42.15 remains the same; however, the public burden has been 
adjusted downward. Specifically, the estimated number of responses used 
to calculate the burden have been reduced based on data available in 
the Federal Procurement Data System (FPDS) and the Contractor 
Performance Assessment Reporting System (CPARS) for Fiscal Year (FY) 
2014.

B. Analysis of Public Comments

    Two respondents submitted five 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 on a Federal Aviation

[[Page 13006]]

Administration's Notice of Proposed Rule Making in regards to the 
``Flight Simulation Training Device Qualification Standards for 
Extended Envelope and Adverse Weather Event Training Tasks.''
    Response: The respondent's comments are outside the scope of this 
information collection.
    Comment: The respondent commented that the Agency's estimate of two 
hours per response underestimates the hours it takes for contractors to 
respond to source selection requirements related to past performance.
    Response: Two hours is the average amount of time to read and 
prepare information on a company's past performance for source 
selection purposes. The estimate considered the amount of time a simple 
or standard disclosure might require in response to non-complex 
solicitations, in some cases by businesses with limited experience, as 
well as the time that might be required for a very complex disclosure 
by a major corporation. In addition, the estimated burden hours include 
only projected hours for those actions which a company would not 
undertake in the normal course of business. Maintaining information and 
references on work they have performed in the past are considered 
actions undertaken in the normal course of business.
    Comment: The respondent commented that the Agency's methodology for 
preparing burden estimates is faulty resulting in unrealistically low 
estimates, which sets unreasonable expectations for turnaround time and 
disguises the true cost of the responses.
    Response: The burden estimate 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.
    Careful consideration went into assessing the estimated burden 
hours for this collection, and the collection requirements at FAR 
15.304 and 42.15 remains the same. There is no change to the estimated 
number of hours per response associated with this request for 
extension; rather, the estimated number of responses was reduced based 
on data available FPDS and CPARS regarding awards in FY 2014.
    Comment: In the past, including in connection with FAR Case 2007-
006, the Agency both acknowledged that the initial estimate was 
unrealistically low while also defending the methodology that it used 
to develop the unrealistic estimate.
    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 provide 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 sixty. This change was made considering particularly the 
hours that would be required for review within the company, prior to 
release to the Government.
    Comment: The respondent commented that granting the extension would 
violate at least the spirit of the Paperwork Reduction Act.
    Response: The Paperwork Reduction Act (PRA) was designed to improve 
the quality and use of Federal information to strengthen decision-
making, accountability, and openness in government and society. Central 
to this process is the solicitation of comments from the public. This 
process incorporates an enumerated specification of targeted 
information and provides interested parties a meaningful opportunity 
for comment on the relevant compliance cost. This process has led to 
decreases in the overall collective burden of compliance for the 
information collection requirement in regards to the public. Based on 
OMB estimates, in FY 2010, the public spent 8.8 billion hours 
responding to information collections. This was a decrease of one 
billion hours, or ten percent from the previous FY. In effect, the 
collective burden of compliance for the public is going down as the 
Government publishes rules that make the process less complex, more 
transparent, and reduce the cost of Federal regulations.

C. Annual Reporting Burden

    a. Responses during Source Selection.
    Respondents: 27,734.
    Responses per Respondent: 4.
    Annual Responses: 110,936.
    Hours per Response: 2.
    Total Burden Hours: 221,872.
    b. Responses in CPARS.
    Respondents: 177,396.
    Responses per Respondent: 1.
    Annual Responses: 177,396.
    Hours per Response: 2.
    Total Burden Hours: 354,792.
    c. Total annual burden: 576,664 Hours.

D. Public Comments

    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.

E. Obtaining Copies of Proposals

    Requesters may obtain a copy of the information collection 
documents from the 1800 F Street NW., Washington, DC 20405, telephone 
202-501-4755.
    Please cite OMB Control No. 9000-0142, Past Performance 
Information, in all correspondence.

    Dated: March 4, 2015.
Edward Loeb,
Acting Director, Office of Government-wide Acquisition Policy, Office 
of Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2015-05673 Filed 3-11-15; 8:45 am]
 BILLING CODE 6820-EP-P