Federal Acquisition Regulation; Submission for OMB Review; Drug-Free Workplace (FAR 52.223-6), 5445-5446 [2013-01452]

Download as PDF mstockstill on DSK4VPTVN1PROD with Federal Register / Vol. 78, No. 17 / Friday, January 25, 2013 / Notices 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 the estimate of 120 responses per respondent is understated, and proposed that the number of responses for many respondents, particularly large government contractors, exceeds 1,000 responses per year. Additionally, the respondent stated that the estimate of .025 hours of burden per response is unrealistically low given the level of documentation required to support requests for payment, especially on certain contracts, and proposed that contractors will expend an amount of effort more than 100 times the estimate of .025 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 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 VerDate Mar<15>2010 18:39 Jan 24, 2013 Jkt 229001 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 estimates of responses and burden hours, the estimates cannot be confirmed with any degree of certainty to totally rely on the information. However, it is determined that an upward adjustment is warranted at this time based upon consideration of the information provided in the public comment. The information collection requirement has been revised to reflect an overall increase in the total public burden hours. C. Annual Reporting Burden Respondents: 80,000. Responses per Respondent: 120. Total Responses: 9,600,000. Hours per Response: .25. Total Burden Hours: 2,400,000. 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. 9000–0070, Payments, in all correspondence. Dated: January 17, 2013. William Clark, Acting Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2013–01438 Filed 1–24–13; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Docket 2012–0076; Sequence 48; OMB Control No. 9000–0101] Federal Acquisition Regulation; Submission for OMB Review; DrugFree Workplace (FAR 52.223–6) 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 of an existing OMB clearance. AGENCY: Under the provisions of the Paperwork Reduction Act, the SUMMARY: PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 5445 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 drugfree workplace. A notice was published in the Federal Register at 77 FR 52696, on August 30, 2012. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the Federal Acquisition Regulations (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 9000–0101, Drug-Free Workplace, 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– 0101, Drug-Free Workplace’’. Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘Information Collection 9000–0101, Drug-Free Workplace’’ 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 9000–0101, Drug-Free Workplace. Instructions: Please submit comments only and cite Information Collection 9000–0101, Drug-Free Workplace, 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: Ms. Marissa Petrusek, Procurement Analyst, Office of Acquisition Policy, GSA (202) E:\FR\FM\25JAN1.SGM 25JAN1 5446 Federal Register / Vol. 78, No. 17 / Friday, January 25, 2013 / Notices 501–0136 or email marissa.petrusek@gsa.gov. DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION SUPPLEMENTARY INFORMATION: A. Purpose FAR clause 52.223–6, Drug-Free Workplace, requires (1) contractor employees to notify their employer of any criminal drug statute conviction for a violation occurring in the workplace; and (2) Government contractors, after receiving notice of such conviction, to notify the contracting officer. The clause is not applicable to commercial items, contracts at or below simplified acquisition threshold (unless awarded to an individual), and contracts performed outside the United States or by law enforcement agencies. The clause implements the Drug-Free Workplace Act of 1988 (Pub. L. 100– 690). The information provided to the Government is used to determine contractor compliance with the statutory requirements to maintain a drug-free workplace. B. Annual Reporting Burden Based on Fiscal Year 2011 (FY11) data from the Federal Procurement Data System (FPDS), statistical information from other sources, and historical knowledge of the information collection, the estimated total burden is as follows: Respondents: 598. Responses per Respondent: 1. Annual Responses: 598. Hours per Response: .5. Total Burden Hours: 299. 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. 9000–0101, Drug-Free Workplace, 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. mstockstill on DSK4VPTVN1PROD with [FR Doc. 2013–01452 Filed 1–24–13; 8:45 am] BILLING CODE 6820–EP–P VerDate Mar<15>2010 18:39 Jan 24, 2013 Jkt 229001 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Docket 2012–0076; Sequence 42; OMB Control No. 9000–0071] Federal Acquisition Regulation; Submission for OMB Review; Price Redetermination 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 of an existing OMB clearance. AGENCIES: 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 Price Redetermination. A notice was published in the Federal Register at 77 FR 51784, on August 27, 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 February 25, 2013. ADDRESSES: Submit comments identified by Information Collection 9000–0071, Price Redetermination, 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 9000–0071, Price Redetermination’’. Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘Information Collection 9000–0071, SUMMARY: PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 Price Redetermination’’ 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 9000–0071, Price Redetermination. Instructions: Please submit comments only and cite Information Collection 9000–0071, Price Redetermination, 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. Curtis E. Glover, Sr., Procurement Analyst, Office of Governmentwide Acquisition Policy, GSA, (202) 501– 1448 or email curtis.glover@gsa.gov. SUPPLEMENTARY INFORMATION: I. Purpose FAR 16.205, Fixed-price contracts with prospective price redetermination, provides for firm fixed prices for an initial period of the contract with prospective redetermination at stated times during performance. FAR 16.206, Fixed price contracts with retroactive price redetermination, provides for a fixed ceiling price and retroactive price redetermination within the ceiling after completion of the contract. In order for the amounts of price adjustments to be determined, the firms performing under these contracts must provide information to the Government regarding their expenditures and anticipated costs. II. 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. 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 FAR E:\FR\FM\25JAN1.SGM 25JAN1

Agencies

[Federal Register Volume 78, Number 17 (Friday, January 25, 2013)]
[Notices]
[Pages 5445-5446]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01452]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Docket 2012-0076; Sequence 48; OMB Control No. 9000-0101]


Federal Acquisition Regulation; Submission for OMB Review; Drug-
Free Workplace (FAR 52.223-6)

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 of 
an existing OMB clearance.

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

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 drug-
free workplace. A notice was published in the Federal Register at 77 FR 
52696, on August 30, 2012. No comments were received.
    Public comments are particularly invited on: Whether this 
collection of information is necessary for the proper performance of 
functions of the Federal Acquisition Regulations (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-
0101, Drug-Free Workplace, 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 9000-0101, Drug-Free 
Workplace''. Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``Information Collection 9000-0101, Drug-Free Workplace'' 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 9000-0101, Drug-Free Workplace.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0101, Drug-Free Workplace, 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: Ms. Marissa Petrusek, Procurement 
Analyst, Office of Acquisition Policy, GSA (202)

[[Page 5446]]

501-0136 or email marissa.petrusek@gsa.gov.

SUPPLEMENTARY INFORMATION:

A. Purpose

    FAR clause 52.223-6, Drug-Free Workplace, requires (1) contractor 
employees to notify their employer of any criminal drug statute 
conviction for a violation occurring in the workplace; and (2) 
Government contractors, after receiving notice of such conviction, to 
notify the contracting officer. The clause is not applicable to 
commercial items, contracts at or below simplified acquisition 
threshold (unless awarded to an individual), and contracts performed 
outside the United States or by law enforcement agencies. The clause 
implements the Drug-Free Workplace Act of 1988 (Pub. L. 100-690).
    The information provided to the Government is used to determine 
contractor compliance with the statutory requirements to maintain a 
drug-free workplace.

B. Annual Reporting Burden

    Based on Fiscal Year 2011 (FY11) data from the Federal Procurement 
Data System (FPDS), statistical information from other sources, and 
historical knowledge of the information collection, the estimated total 
burden is as follows:
    Respondents: 598.
    Responses per Respondent: 1.
    Annual Responses: 598.
    Hours per Response: .5.
    Total Burden Hours: 299.
    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. 9000-0101, Drug-Free Workplace, 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. 2013-01452 Filed 1-24-13; 8:45 am]
BILLING CODE 6820-EP-P