Federal Acquisition Regulation; Submission for OMB Review; Economic Purchase Quantity-Supplies, 5448-5449 [2013-01451]

Agencies

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

[Federal Register Volume 78, Number 17 (Friday, January 25, 2013)]
[Notices]
[Pages 5448-5449]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01451]



[[Page 5448]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Docket 2012-0076; Sequence 45; OMB Control No. 9000-0082]


Federal Acquisition Regulation; Submission for OMB Review; 
Economic Purchase Quantity--Supplies

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.

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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 
Economic Purchase Quantity--Supplies. A notice was published in the 
Federal Register at 77 FR 43077, on July 23, 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 February 25, 2013.

ADDRESSES: Submit comments identified by Information Collection 9000-
0082, Economic Purchase Quantity--Supplies, 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 9000-0082 Economic Purchase 
Quantity--Supplies''. Follow the instructions provided at the ``Submit 
a Comment'' screen. Please include your name, company name (if any), 
and ``Information Collection 9000-0082 Economic Purchase Quantity--
Supplies'' 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 9000-0082, Economic Purchase Quantity--Supplies.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0082, Economic Purchase Quantity--Supplies, 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. Michael O. Jackson, Procurement 
Analyst, Office of Governmentwide Acquisition Policy, (202) 208-4949 or 
email michaelo.jackson@gsa.gov.

SUPPLEMENTARY INFORMATION:

A. Purpose

    The provision at 52.207-4, Economic Purchase Quantity--Supplies, 
invites offerors to state an opinion on whether the quantity of 
supplies on which bids, proposals, or quotes are requested in 
solicitations is economically advantageous to the Government. Each 
offeror who believes that acquisitions in different quantities would be 
more advantageous is invited to (1) recommend an economic purchase 
quantity, showing a recommended unit and total price, and (2) identify 
the different quantity points where significant price breaks occur. 
This information is required by Public Law 98-577 and Public Law 98-
525.

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 because of the burden it puts on the entity 
submitting the information and the agency collecting the information. 
The respondent opposes granting the extension of the information 
collection requirement.
    Response: In accordance with the Paperwork Reduction Act (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 the provision at FAR 52.207-4, Economic 
Purchase Quantity--Supplies, which invites offerors to state an opinion 
on whether the quantity of supplies on which bids, proposals, or quotes 
are requested in solicitations is economically advantageous to the 
Government. Each offeror who believes that acquisitions in different 
quantities would be more advantageous is invited to (1) recommend an 
economic purchase quantity, showing a recommended unit and total price, 
and (2) identify the different quantity points where significant price 
breaks occur. This information is required by Public Law 98-577 and 
Public Law 98-525. Not granting this extension would consequently 
eliminate FAR clauses that provide a benefit to the public and the 
agency collecting the information.
    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

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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 burden for this 
collection. There is no centralized database for the collection of the 
information associated with this requirement. The solicitation 
provision of this information collection is not required to be inserted 
in contracts for the General Services Administration multiple award 
schedule contract program where numerous agencies place orders for 
supplies. In addition, a contracting officer can determine not to 
include the provision in a solicitation for supplies under certain 
circumstances. Further, the FAR requirements to conduct market research 
significantly reduced the applicability of the provision because 
Government quantities are more in line with industry practices. 
However, based on the information submitted by the respondent an 
adjustment is made to the estimated burden. 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: 3,000.
    Responses Per Respondent: 25.
    Annual Responses: 75,000.
    Hours per Response: 1.
    Total Burden Hours: 75,000.
    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. 9000-0082, Economic Purchase Quantity--Supplies, in all 
correspondence.

    Dated: January 18, 2013.
William Clark,
Acting Director, Federal Acquisition Policy Division, Office of 
Governmentwide Acquisition Policy, Office of Acquisition Policy, Office 
of Governmentwide Policy.
[FR Doc. 2013-01451 Filed 1-24-13; 8:45 am]
BILLING CODE 6820-EP-P