Federal Acquisition Regulation; Submission for OMB Review; Professional Employee Compensation Plan, 73658-73659 [2012-29888]

Agencies

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

[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Notices]
[Pages 73658-73659]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29888]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Docket 2012-0076; Sequence 38; OMB Control No. 9000-0066]


Federal Acquisition Regulation; Submission for OMB Review; 
Professional Employee Compensation Plan

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

ACTION: Notice of request for comments regarding the extension of a 
previously 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 
submission of a Professional Employee Compensation Plan. A notice was 
published in the Federal Register at 77 FR 45612, on August 1, 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 January 10, 2013.

ADDRESSES: Submit comments identified by Information Collection 9000-
0066, Professional Employee Compensation Plan 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 9000-0066, Professional Employee 
Compensation Plan''. Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``Information Collection 9000-0066, Professional Employee Compensation 
Plan'' 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 9000-0066, Professional Employee Compensation Plan.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0066, Professional Employee Compensation Plan, 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. Edward Loeb, Procurement Analyst, 
Office of Acquisition Policy, GSA, (202) 501-3775 or email 
Edward.loeb@gsa.gov.

SUPPLEMENTARY INFORMATION:

A. Purpose

    FAR 22.1103 requires that all professional employees are 
compensated fairly and properly. Accordingly, FAR 52.222-46, Evaluation 
of Compensation for Professional Employees, is required to be inserted 
in solicitations for negotiated service contracts when the contract 
amount is expected to exceed $650,000 and the service to be provided 
will require meaningful numbers of professional employees. The purpose 
of the provision at FAR 52.222-46 is to require offerors to submit for 
evaluation a total compensation plan setting forth proposed salaries 
and fringe benefits for professional employees working on the contract. 
Plans indicating unrealistically low professional employees' 
compensation may be assessed adversely as one of the factors considered 
in making a contract award.

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 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 provision at FAR 52.222-46, Evaluation of 
Compensation for Professional Employees, in solicitations for 
negotiated service contracts when the contract amount is expected to 
exceed $650,000 and the service to be provided will require meaningful 
numbers of professional employees. The purpose of the provision at FAR 
52.222-46 is to require offerors to submit for evaluation a total 
compensation plan setting forth proposed salaries and fringe benefits 
for professional employees working on the contract. Plans indicating 
unrealistically low professional employees' compensation may be 
assessed adversely as one of the factors considered in making a 
contract award. Not granting this extension would remove Government 
evaluators' discretion to adversely assess offers containing 
unrealistically low professional employees' compensation, and would 
result in the Government's inability to ensure that professional 
employees are fairly and properly compensated for their work.
    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. The respondent stated that the estimate 
of one response per respondent annually and .5 hours of burden per 
response is understated, many companies submit upwards of 100 plans per 
year, and the burden is more likely in the range of five hours. 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

[[Page 73659]]

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 although, the respondent provided specific estimates of 
responses and burden hours, the estimates cannot be confirmed. However, 
it is determined that an upward adjustment is warranted at this time 
based upon consideration of the information provided in the public 
comment and updated Federal Procurement Data System information. The 
information collection requirement has been revised to reflect an 
overall increase in the total public burden hours from 4,335 to 52,220.

C. Annual Reporting and Recordkeeping Burden

    Respondents: 13,055.
    Responses per Respondent: 3.
    Total Responses: 39,165.
    Hours per Response: 1.333333.
    Total Burden Hours: 52,220.
    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. 9000-0066, Professional Employee Compensation Plan, in all 
correspondence.

    Dated: December 3, 2012.
William Clark,
Acting Director, Federal Acquisition Policy Division, Office of 
Governmentwide Acquisition Policy, Office of Acquisition Policy, Office 
of Governmentwide Policy.
[FR Doc. 2012-29888 Filed 12-10-12; 8:45 am]
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