Federal Acquisition Regulation; Submission for OMB Review; Claims and Appeals, 52738-52739 [2012-21362]

Agencies

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

[Federal Register Volume 77, Number 169 (Thursday, August 30, 2012)]
[Notices]
[Pages 52738-52739]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21362]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0035; Docket 2012-0076; Sequence 1]


Federal Acquisition Regulation; Submission for OMB Review; Claims 
and Appeals

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.

-----------------------------------------------------------------------

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 
claims and appeals. A notice was published in the Federal Register at 
77 FR 18819, on March 28, 2012. One respondent submitted 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.

DATES: Submit comments on or before October 1, 2012.

ADDRESSES: Submit comments identified by Information Collection 9000-
0035, Claims and Appeals 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 9000-0035, Claims and Appeals''. Follow 
the instructions provided at the ``Submit a Comment'' screen. Please 
include your name, company name (if any), and ``Information Collection 
9000-0035, Claims and Appeals'' 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 9000-0035, Claims and Appeals.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0035, Claims and Appeals, 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) 502-0136 or 
via email at marissa.petrusek@gsa.gov.

SUPPLEMENTARY INFORMATION:

A. Purpose

    It is the Government's policy to try to resolve all contractual 
issues by mutual agreement at the contracting officer's level without 
litigation. Reasonable efforts should be made to resolve controversies 
prior to submission of a contractor's claim. The Contract Disputes Act 
of 1978 (41 U.S.C. 7103) requires that claims exceeding $100,000 must 
be accompanied by a certification that (1) The claim is made in good 
faith; (2) supporting data are accurate and complete; and (3) the 
amount requested accurately reflects the contract adjustment for which 
the contractor believes the Government is liable. The information, as 
required by FAR clause 52.233-1, Disputes, is used by a contracting 
officer to decide or resolve the claim. Contractors may appeal the 
contracting officer's decision by submitting written appeals to the 
appropriate officials.

B. Analysis of Public Comments

    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 Required Act (PRA), 
agencies can request an OMB approval of an existing information 
collection.

[[Page 52739]]

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 33.215, Contract Clauses and clause 52.233-1, Disputes. 
The purpose of this clause is to allow contractors to submit claims 
against the government when there is a disagreement of rights between 
the contractor and the contracting officer, during or after performance 
of a contract. The authority for this clause is provided in the 
Contract Disputes Act (CDA) of 1978, as amended, 41 U.S.C. 7101. While 
this is a mandatory contract clause, it provides the contractor a 
process and a forum to bring claims. Not granting this extension would 
consequently eliminate a fundamental FAR clause that is required in 
accordance with the CDA and impair a contractor's rights.
    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: 4,500.
    Responses per Respondent: 3.
    Annual Responses: 13,500.
    Hours per Response: 1.
    Total Burden Hours: 13,500.
    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. 9000-0035, Claims and Appeals, in all correspondence.

William Clark,
Acting Director, Federal Acquisition Policy Division, Office of 
Governmentwide Acquisition Policy, Office of Acquisition Policy, Office 
of Governmentwide Policy.
[FR Doc. 2012-21362 Filed 8-29-12; 8:45 am]
BILLING CODE 6820-EP-P