Federal Acquisition Regulation; Submission for OMB Review; Delivery Schedules, 52697-52698 [2012-21359]

Agencies

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

[Federal Register Volume 77, Number 169 (Thursday, August 30, 2012)]
[Notices]
[Pages 52697-52698]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21359]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0043; Docket 2012-0076; Sequence 2]


Federal Acquisition Regulation; Submission for OMB Review; 
Delivery Schedules

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 
delivery schedules. A notice was published in the Federal Register at 
77 FR 10529, on February 22, 2012. One respondent submitted public 
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 1, 2012.

ADDRESSES: Submit comments identified by Information Collection 9000-
0043, Delivery Schedules 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. Select the link ``Submit a Comment'' that corresponds 
with ``Information Collection 9000-0043, Delivery Schedules''. Follow 
the instructions provided at the ``Submit a Comment'' screen. Please 
include your name, company name (if any), and ``Information Collection 
9000-0043, Delivery Schedules'' 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 9000-0043, Delivery Schedules.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0043, Delivery Schedules, 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: Ms. Marissa Petrusek, Procurement 
Analyst, Federal Acquisition Policy Division, GSA (202) 501-0136 or via 
email at marissa.petrusek@gsa.gov.

SUPPLEMENTARY INFORMATION: 

A. Purpose

    The time of delivery or performance is an essential contract 
element and must be clearly stated in solicitations and contracts. The 
contracting officer may set forth a required delivery schedule or may 
allow an offeror to propose an alternate delivery schedule, for other 
than those for construction and architect-engineering, by inserting in 
solicitations and contracts a clause substantially the same as either 
FAR 52.211-8, Time of Delivery, or FAR 52.211-9, Desired and Required 
Time of Delivery. These clauses allow the contractor to fill-in their 
proposed delivery schedule. The information is needed to assure 
supplies or services are obtained in a timely manner.

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 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 the delivery schedule clauses 52.211-8 and 
52.211-9. The purpose of these clauses is to permit a contractor 
submitting a proposal to an agency to voluntarily submit an alternate 
delivery schedule. These clauses have existed substantially the same 
since the inception of the FAR. Further, these clauses are not required 
clauses but rather optional clauses that are used infrequently in 
contracts and collect a small amount of information. Therefore, these 
clauses impose a minimal reporting burden on the public. The delivery 
schedule clauses do not put an added cost on the Federal Government 
because this information is a fundamental requirement already being 
provided as a part of a solicitation by the contracting officer. Also, 
the information being collected pertaining to the delivery schedule is 
beneficial to the public because it allows a contractor to submit an 
alternate delivery schedule, including an earlier delivery schedule, 
that may make a proposal more competitive. Not granting this extension 
would consequently eliminate two fundamental FAR clauses that impose 
little burden on the public or the agency collecting the information in 
accordance with the PRA while providing a benefit to the public.
    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

[[Page 52698]]

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: 3,440.
    Responses per Respondent: 5.
    Annual Responses: 17,200.
    Hours per Response: .167.
    Total Burden Hours: 2,872.
    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. 9000-0043, Delivery Schedules, in all correspondence.

    Dated: August 17, 2012.
William Clark,
Acting Director, Federal Acquisition Policy Division, Office of 
Governmentwide Acquisition Policy, Office of Acquisition Policy, Office 
of Governmentwide Policy.
[FR Doc. 2012-21359 Filed 8-29-12; 8:45 am]
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