Federal Acquisition Regulation; Submission for OMB Review; Novation/Change of Name Requirements, 62495-62496 [2012-25293]

Agencies

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

[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Notices]
[Pages 62495-62496]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25293]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0076; Docket 2012-0076; Sequence 12]


Federal Acquisition Regulation; Submission for OMB Review; 
Novation/Change of Name Requirements

AGENCY: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice of request for 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 
Novation/Change of Name Requirements. 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; 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 14, 2012.

ADDRESSES: Submit comments identified by Information Collection 9000-
0076, Novation/Change of Name Requirements, by any of the following 
methods:
     Regulations.gov: https://www.regulations.gov. Submit 
comments

[[Page 62496]]

via the Federal eRulemaking portal by searching the OMB control number. 
Select the link ``Submit a Comment'' that corresponds with 
``Information Collection 9000-0076, Novation/Change of Name 
Requirements''. Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``Information Collection 9000-0076, Novation/Change of Name 
Requirements'' 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 9000-0076, Novation/Change of Name Requirements.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0076, Novation/Change of Name Requirements, 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, Office of Governmentwide Acquisition Policy, GSA, (202) 208-
4949 or via email Curtis.glover@gsa.gov.

SUPPLEMENTARY INFORMATION: 

A. Purpose

    FAR 42.1203 and 42.1204 provide requirements for contractors to 
request novation/change of name agreements and supporting documents 
when a firm performing under Government contracts wishes the Government 
to recognize (1) a successor in interest to these contracts, or (2) a 
name change, it must submit certain documentation to the Government.

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 (PRA) because of the burden it puts on the 
entity submitting the information and the agency collecting the 
information. The respondent opposed granting the extension under the 
PRA.
    Response: In accordance with the PRA, agencies can request an OMB 
approval of an existing information collection. 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 Subpart 
42.12, Novation and Change-of-Name Agreements. The purpose of this 
subpart is to allow recognition of a successor in interest to 
Government contracts when contractor assets are transferred, 
recognition of a change in a contractor's name, and execution of 
novation agreements and change-of-name agreements by the responsible 
contracting officer. This subpart provides the contractor a process and 
a forum to transfer interest in a Government contract and recognition 
of a corporate name change. Not granting this extension would eliminate 
the contractor's ability to conduct business with the Government in 
those instances where the company has been sold or changed its name.
    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: 1,000.
    Responses per Respondent: 1.
    Annual Responses: 1,000.
    Hours per Response: 2.0.
    Total Burden Hours: 2,000.
    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. 9000-0076, Novation/Change of Name Requirements, in all 
correspondence.

    Dated: October 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. 2012-25293 Filed 10-12-12; 8:45 am]
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