Federal Acquisition Regulation; Information Collection; Subcontract Consent, 56644-56645 [2012-22560]

Agencies

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

[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Notices]
[Pages 56644-56645]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22560]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0149: Docket 2012-0076; Sequence 15]


Federal Acquisition Regulation; Information Collection; 
Subcontract Consent

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 (9000-0149).

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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 
subcontract consent. A notice was published in the Federal Register at 
77 FR 29983, on May 21, 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 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 15, 2012.

ADDRESSES: Submit comments identified by Information Collection 9000-
0149, Subcontract Consent, 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 9000-0149, Subcontract 
Consent''. Follow the instructions provided at the ``Submit a Comment'' 
screen. Please include your name, company name (if any), and 
``Information Collection 9000-0149, Subcontract Consent'' 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 9000-0149, Subcontract Consent.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0149, Subcontract Consent, 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. Karlos Morgan, Procurement 
Analyst, Contract Policy Division, GSA, (202) 501-2364 or via email at 
karlos.morgan@gsa.gov.

SUPPLEMENTARY INFORMATION:

A. Purpose

    The objective of consent to subcontract, as discussed in FAR Part 
44, is to evaluate the efficiency and effectiveness with which the 
contractor spends Government funds, and complies with Government policy 
when subcontracting. The Government requires a contractor to provide 
certain information (e.g., subcontractor's name, type of subcontract, 
price, description of supply or services, etc.) reasonably in advance 
of placing a subcontract to ensure that the proposed subcontract is 
appropriate for the risks involved and consistent with current policy 
and sound business judgment. The information provides the Government a 
basis for granting, or withholding consent to subcontract.

B. Discussion and Analysis

    Comment: The respondent questioned whether 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 Subpart 44.2, Consent to subcontract and 
the contract clause at FAR 52.244-2, Subcontracts. The purpose of the 
clause is to provide the prime contractor with consent to perform some 
requirements of the contract through the use of a subcontract or 
subcontractor. Prime contractors and the government have a direct legal 
relationship; however, the government does not have such a relationship 
with subcontractors. As a result, the prime contractor is obligated to 
ensure that the requirements of the contract are met properly, 
including those requirements performed by the subcontractor. Failure to 
grant this extension would have a detrimental impact on a contractor's 
ability to provide goods and services to the Federal Government.
    Comment: The respondent questioned 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 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

[[Page 56645]]

adjustment was made from the total preparation hours from three to 60. 
This change was made based on the comment 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

    Number of Respondents: 4,252.
    Responses per Respondent: 3.61.
    Total Responses: 15,349.
    Average Burden Hours per Response: .87.
    Total Burden Hours: 13,353.

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. 9000-0149, 
Subcontract Consent, in all correspondence.

    Dated: September 5, 2012.
William Clark,
Acting Director, Federal Acquisition Policy Division, Office of 
Governmentwide Acquisition Policy, Office of Acquisition Policy, Office 
of Governmentwide Policy.
[FR Doc. 2012-22560 Filed 9-12-12; 8:45 am]
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