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

Download as PDF 56644 Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Notices Date Revoked: August 15, 2012. Reason: Voluntary surrender of license. License No.: 021444N. Name: J & V International Shipping Corp. Address: 1001 Fairview Avenue, Room #G, Arcadia, CA 91007. Date Revoked: July 28, 2012. Reason: Failed to maintain a valid bond. License No.: 023100N. Name: Archers Cargo Express, Inc. Address: 6800 Jericho Turnpike, Suite #120W, Room 135, Syosset, NY 11791. Date Revoked: June 31, 2012. Reason: Voluntary surrender of license. Vern W. Hill, Director, Bureau of Certification and Licensing. [FR Doc. 2012–22499 Filed 9–12–12; 8:45 am] BILLING CODE 6730–01–P 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 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). AGENCY: 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 mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 19:13 Sep 12, 2012 Jkt 226001 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: http:// 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 http:// 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 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 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 E:\FR\FM\13SEN1.SGM 13SEN1 Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Notices 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 mstockstill on DSK4VPTVN1PROD with NOTICES 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] BILLING CODE 6820–EP–P VerDate Mar<15>2010 19:13 Sep 12, 2012 Jkt 226001 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0060; Docket 2012– 0076; Sequence 20] Federal Acquisition Regulation; Information Collection; Accident Prevention Plans and Recordkeeping Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for an extension of an information collection requirement regarding an existing OMB clearance. AGENCY: Under the provisions of the Paperwork Reduction Act, Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve a reinstatement of a previously approved information collection requirement concerning Accident Prevention Plans and Recordkeeping. Public comments are particularly invited on: Whether this collection of information is necessary; 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 November 13, 2012. ADDRESSES: Submit comments identified by Information Collection 9000–0060, Accident Prevention Plans and Recordkeeping by any of the following methods: • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘Information Collection 9000–0060, Accident Prevention Plans and Recordkeeping’’ under the heading ‘‘Enter Keyword or ID’’ and selecting ‘‘Search’’. Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘Information Collection 9000–0060, Accident Prevention Plans and Recordkeeping’’. Follow the instructions provided at the ‘‘Submit a Comment’’ SUMMARY: PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 56645 screen. Please include your name, company name (if any), and ‘‘Information Collection 9000–0060, Accident Prevention Plans and Recordkeeping’’ 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 9000–0060, Accident Prevention Plans and Recordkeeping. Instructions: Please submit comments only and cite Information Collection 9000–0060, Accident Prevention Plans and Recordkeeping, in all correspondence related to this collection. All comments received will be posted without change to http:// www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: Curtis E. Glover, Sr., Procurement Analyst, Contract Policy Division, GSA, telephone (202) 501–1448 or email at curtis.glover@gsa.gov. SUPPLEMENTARY INFORMATION: A. Purpose The FAR clause at 52.236–13, Accident Prevention, requires Federal construction contractors to keep records of accidents incidental to work performed under the contract that result in death, traumatic injury, occupational disease or damage to property, materials, supplies or equipment. Records of personal inquiries are required by the Department of Labor’s Occupational Safety and Health Administration regulations. The records maintained by the contractor are used to evaluate compliance and may be used in workmen’s compensation cases. The FAR requires records of damage to property, materials, supplies or equipment to provide background information when claims are brought against the Government. If the contract involves work of a long duration, or hazardous nature, the contracting officer shall insert the clause with its alternate that requires the contractor to submit a written proposed plan for implementing the clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in performing the contract and a plan for controlling the hazards. The Accident Prevention Plan is analyzed by the contracting officer along with the agency safety representatives to determine if the proposed plan will meet the requirements of safety regulations and applicable statutes. E:\FR\FM\13SEN1.SGM 13SEN1

Agencies

[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).

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

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: http://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 http://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]
BILLING CODE 6820-EP-P