Federal Acquisition Regulation; Submission for OMB Review; Qualification Requirements, 5452-5454 [2013-01557]
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Federal Register / Vol. 78, No. 17 / Friday, January 25, 2013 / Notices
I. Purpose
The FAR requires insertion of clause
52.247–2, Permits, Authorities, or
Franchises, when regulated
transportation is involved. The clause
requires the contractor to indicate
whether it has the proper authorization
from the Federal Highway
Administration (or other cognizant
regulatory body) to move material. The
contractor may be required to provide
copies of the authorization before
moving material under the contract. The
clause also requires the contractor, at its
expense, to obtain and maintain any
permits, franchises, licenses, and other
authorities issued by State and local
governments. The Government may
request to review the documents to
ensure that the contractor has complied
with all regulatory requirements.
telephone (202) 501–4755. Please cite
OMB Control No. 9000–0053, Permits,
Authorities, or Franchises, 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. 2013–01475 Filed 1–24–13; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
II. Discussion and Analysis
[Docket 2012–0076; Sequence 46; OMB
Control No. 9000–0083]
One respondent submitted a comment
related to the submission of medical
errors. The comment is not within the
scope of this information collection
requirement.
Federal Acquisition Regulation;
Submission for OMB Review;
Qualification Requirements
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III. Annual Reporting Burden
The estimated annual reporting
burden has decreased from what was
published in the Federal Register at 74
FR 56640, on November 2, 2009. The
decrease is based on a revised estimate
of the number of respondents, responses
per year and response time per
response. According to Fiscal Year 2011
Federal Procurement Data System
(FPDS) data, 3,877 contracts were
awarded to 1021 unique vendors under
the North American Industry
Classification System (NAICS) code 484
for trucking, where the requirements for
this collection would apply. It is
estimated that a maximum of 25%, or
255 of these vendors would be required
to provide the information required by
the clause. The information need only
be gathered and submitted on an
exception basis. We estimate that any
respondent will be required to submit
supporting information only one time
annually. In addition, we think that it
will take the contractor only one half
hour to pull existing franchises or
permits from the files.
Respondents: 255.
Responses per Respondent: 1.
Annual Responses: 255.
Hours per Response: 0.5.
Total Burden Hours: 128.
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,
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Jkt 229001
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), 1275 First Street NE.,
Washington, DC 20417. ATTN: Hada
Flowers/IC 9000–0083, Qualification
Requirements.
Instructions: Please submit comments
only and cite Information Collection
9000–0083, Qualification 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: Ms.
Patricia Corrigan, Procurement Analyst,
Office of Governmentwide Acquisition
Policy, GSA, (202) 208–1963 or
patricia.corrigan@gsa.gov.
SUPPLEMENTARY INFORMATION:
A. Purpose
Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Notice of reinstatement request
for an information collection
requirement regarding 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
Qualification Requirements. A notice
was published in the Federal Register at
77 FR 51784, on August 27, 2012. One
respondent submitted comments.
DATES: Submit comments on or before
February 25, 2013.
ADDRESSES: Submit comments
identified by Information Collection
9000–0083, Qualification Requirements,
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 9000–0083, Qualification
Requirements’’. Follow the instructions
provided at the ‘‘Submit a Comment’’
screen. Please include your name,
company name (if any), and
‘‘Information Collection 9000–0083,
Qualification Requirements’’ on your
attached document.
SUMMARY:
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FAR subpart 9.2 and the associated
clause at FAR 52.209–1, implement the
statutory requirements of 10 U.S.C. 2319
and 41 U.S.C. 3311, which allow an
agency to establish a qualification
requirement for testing or other quality
assurance demonstration that must be
completed by an offeror before award of
a contract. Under the qualification
requirements, an end item, or a
component thereof, may be required to
be prequalified. The clause at FAR
52.209–1, Qualification Requirements,
requires offerors who have met the
qualification requirements to identify
the offeror’s name, the manufacturer’s
name, source’s name, the item name,
service identification, and test number
(to the extent known). This eliminates
the need for an offeror to provide new
information when the offeror,
manufacturer, source, product or service
covered by qualification requirement
has already met the standards specified
by an agency in a solicitation.
The contracting officer uses the
information to determine eligibility for
award when the clause at 52.209–1 is
included in the solicitation.
Alternatively, items not yet listed may
be considered for award upon the
submission of evidence of qualification
with the offer.
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
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25JAN1
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Federal Register / Vol. 78, No. 17 / Friday, January 25, 2013 / Notices
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
subpart 9.2 and the associated clause at
FAR 52.209–1. This information
collection, which implements the
statutory requirements of 10 U.S.C. 2319
and 41 U.S.C. 3311, which allows an
agency to establish a qualification
requirement for testing or other quality
assurance demonstration that must be
completed by an offeror before award of
a contract. Under the qualification
requirements, an end item, or a
component thereof, may be required to
be prequalified. The clause at FAR
52.209–1, Qualification Requirements,
requires offerors who have met the
qualification requirements to identify
the offeror’s name, the manufacturer’s
name, source’s name, the item name,
service identification, and test number
(to the extent known). This eliminates
the need for an offeror to provide new
information when the offeror,
manufacturer, source, product or service
covered by qualification requirement
has already met the standards specified
by an agency in a solicitation. The
contracting officer uses the information
to determine eligibility for award when
the clause at 52.209–1 is included in the
solicitation.
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 Agencies
estimate that only 2,207 respondents
will be subject to this requirement
annually * * * we respectfully submit
that this is greatly understated.’’ The
respondent also took issue with the
‘‘number of responses annually per
respondent. The Agencies have reduced
the prior estimate by 95% without any
explanation. The current estimate of five
responses per year is entirely
unrealistic.’’ Further, the respondent
found the estimate of 15 minutes per
response to be ‘‘unrealistic’’ indicating
that ‘‘a reasonable estimate would be in
the range of at least two to three hours
per response’’. For this reason, the
respondent provided that the agency
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should reassess the estimated total
burden hours and revise the estimate
upwards to be more accurate. The same
respondent 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.
Following careful consideration of
both the estimated number of
respondents and the time needed to
respond to the information required by
the clause at FAR 52.209–1, it is
determined that an upward adjustment
is required.
In response to the respondent’s
concern that ‘‘the Agencies’ estimate
that only 2,207 respondents will be
subject to this requirement annually’’
was ‘‘greatly understated’’, it should be
noted that the clause at FAR 52.209–1,
Qualification Requirements, is used in
relatively limited circumstances. The
clause is prescribed for solicitations and
contracts only when the acquisition is
subject to a qualification requirement,
which should be rare because of the
statutory requirement favoring the
acquisition of commercial items.
Further, offerors are only required to
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5453
provide information in paragraph (c) of
the clause in cases where the offeror,
manufacturer, source, product or service
covered by a qualification requirement
has already met the standards specified
in the solicitation. Given these limiting
circumstances and absent receipt of
additional data to support the
respondent’s comments, the estimated
number of respondents is revised from
the previous 2,207 to 5 percent or 9,693
of the 193,859 unique vendors awarded
contracts during Fiscal Year 2011. It is
estimated that 5 percent of the 193,859
vendors would have received awards for
solicitations in which the clause at FAR
52.209–1 was used and contained one or
more qualification requirements.
The respondent also commented on
the estimated number of responses
annually, stating that ‘‘the Agencies
have reduced the prior estimate by 95%
without any explanation. The current
estimate of five responses per year is
entirely unrealistic.’’ The estimated
number of responses annually contained
in the currently approved information
collection is changed from 100, which
was based on an estimated number of
qualification requirements contained in
each solicitation, to an estimated
average of 5 responses per respondent.
The estimated number of responses
refers to the average number of offers
received annually per respondent for
the type of information associated with
this collection, despite the number of
qualification requirements contained in
a solicitation.
Lastly, based on the previous
explanation of the limited
circumstances of which this collection
applies and the respondent’s comments,
the estimated responses time is revised
from 15 minutes to one hour. The
estimate is an average time for an offeror
to complete six brief responses of what
should be readily available qualification
documentation regarding one to four
qualified products per solicitation.
C. Annual Reporting Burden
There is no Governmentwide data
collection process or system, e.g.,
Federal Procurement Data System
(FPDS) which respondents has been
raised from 2,207 to 9,693 reflecting an
estimate of 5 percent of the 193,859 new
contracts awarded in Fiscal Year 2011.
Lastly, the estimated Hours per
Response is raised from 15 minutes to
one hour to accommodate an
information collection on multiple
qualified products in each solicitation.
Respondents: 9,693.
Responses per Respondent: 5.
Annual Responses: 48,465.
Hours per Response: 1.0.
Total Burden Hours: 48,465.
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25JAN1
5454
Federal Register / Vol. 78, No. 17 / Friday, January 25, 2013 / Notices
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. 9000–0083,
Qualification Requirements, in all
correspondences.
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. 2013–01557 Filed 1–24–13; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of the Secretary
Findings of Research Misconduct
Office of the Secretary, HHS.
Notice.
AGENCY:
ACTION:
Notice is hereby given that
the Office of Research Integrity (ORI)
has taken final action in the following
case:
Rao M. Adibhatla, Ph.D., University of
Wisconsin: Based on the report of an
investigation conducted by the
University of Wisconsin (UW) and
additional analysis conducted by ORI in
its oversight review, ORI found that Dr.
Rao M. Adibhatla, Assistant Professor,
Department of Neurological Surgery,
UW, engaged in research misconduct by
falsifying results in two publications
supported by National Institute of
Neurological Diseases and Stroke
(NINDS), National Institutes of Health
(NIH), grant R01 NS042008 and in three
unfunded applications that Dr.
Adibhatla submitted to NINDS, NIH, as
R01 NS042008–05, –05A1, and –05A2.
The questioned papers are:
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SUMMARY:
1. Adibhatla, R.M., Hatcher, J.F., Larsen E.C.
et al. ‘‘CDP-choline Significantly Restores
Phoshatidylcholine Levels by Differentially
Affecting Phospholipase A2 and
CTP:Phosphocholine Cytidylyltransferase
after Stroke.’’ J. Biol. Chem. 281:6718–
6725, 2006 (hereafter referred to as the
‘‘JBC paper’’), as the sPLA2-IIA, CCTa, and
PLD2 data in Figures 1B, 2A, and 3A,
respectively
2. Adibhatla, R.M., & Hatcher, J.F. ‘‘Secretory
phospholipase A2 IIA is Up-regulated by
TNF-a and IL-1a/b after Transient Focal
Cerebral Ischemia in Rat.’’ Brain Research
1134:199–205, 2007 (hereafter referred to
as the ‘‘Brain Research paper’’), as the
sPLA2-IIA data in Figures 2A and 2C.
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ORI found that Respondent
committed research misconduct by
falsifying Western blot images as well as
quantitative and statistical data obtained
from purported scans of the films. The
research studied the effect of cerebral
ischemia on phospholipid homeostasis
in an experimental animal model (SHR
rat) of stroke during the course of
reperfusion of the ischemic cortex. The
falsified Western blot images and
derivative quantitative data describe
changes in levels of sPLA2-IIAA, CCTa,
and of PLD2 during reperfusion in the
ischemic cortex.
Specifically, the Respondent:
• Falsified the Western blot data
demonstrating sPLA2 expression in a
time course after ischemia in Figure 1B
of the JBC paper and Figure 2A and 2C
of the Brain Research paper by
rearranging the bands such that the
labels do not accurately portray what is
in the lanes. He perpetuated the
falsification by presenting the
quantification of the single falsified
Western blot in a bar graph as the
average of five (5) replicate Western
blots. The result in the paper cannot be
substantiated by the actual experiments.
• Falsified the Western blot data
demonstrating CCTa expression in a
time course assay after ischemia in
Figure 2A of the JBC paper by
rearranging the bands such that the
labels do not accurately portray what is
in the lanes. He perpetuated the
falsification by presenting the
quantification of the single falsified
Western blot in a bar graph as the
average of four (4) replicate Western
blots and the six (6) hour time point was
further falsified to make the results look
better. The result in the paper cannot be
substantiated by the actual experiments.
• Falsified the quantification of a
Western blot demonstrating PLD2
expression in a time course after
ischemia in Figure 3A of the JBC paper
by claiming a bar graph quantifying a
single Western blot is the average of four
Western blots.
• Submitted the same falsified
Western blot images and bar graph data
in three unfunded grant applications:
NS042008–05, NS042008–05A1, and
NS042008–05A2. Specifically:
< the falsified sPLA2-IIA data were
submitted as Figures 3, 8, and 12 in the
respective NS042008–05, –05A1, and
–05A2 applications
< the falsified CCTa data appeared as
Figures 10, 15, and 16 in the respective
–05, –05A1, and –05A2 applications
< The falsified PLD2 bar graph data
and associated statistical claims
appeared as Figures 8 and 13 in the –05
and –05A1 applications respectively.
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Dr. Adibhatla has entered into a
Voluntary Exclusion Agreement and has
voluntarily agreed:
(1) To exclude himself voluntarily for
a period of two (2) years from the
effective date of the Agreement from any
contracting or subcontracting with any
agency of the United States Government
and from eligibility or involvement in
nonprocurement programs of the United
States pursuant to HHS’ Implementation
(2 CFR part 376 et seq.) of OMB
Guidelines to Agencies on
Governmentwide Debarment and
Suspension, 2 CFR Part 180 (collectively
the ‘‘Debarment Regulations’’);
(2) To exclude himself voluntarily
from serving in any advisory capacity to
PHS including, but not limited to,
service on any PHS advisory committee,
board, and/or peer review committee, or
as a consultant for a period of three (3)
years beginning on December 18, 2012;
and
(3) To request retraction of the
following papers:
• J. Biol. Chem. 281:6718–6725, 2006
• Brain Research 1134:199–205,
2007.
FOR FURTHER INFORMATION CONTACT:
Director, Office of Research Integrity,
1101 Wootton Parkway, Suite 750,
Rockville, MD 20852, (240) 453–8200.
David E. Wright,
Director, Office of Research Integrity.
[FR Doc. 2013–01454 Filed 1–24–13; 8:45 am]
BILLING CODE 4150–31–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Solicitation of Nominations for
Organizations To Serve as Non-Voting
Liaison Representatives to the Chronic
Fatigue Syndrome Advisory
Committee (CFSAC)
Office of the Assistant
Secretary for Health, Office of the
Secretary, Department of Health and
Human Services.
ACTION: Notice.
AGENCY:
Authority: 42 U.S.C. 217a, section 222 of
the Public Health Service (PHS) Act, as
amended. The committee is governed by the
provisions of the Federal Advisory
Committee Act, as amended (5 U.S.C. App 2),
which sets forth standards for the formation
and use of advisory committees.
The Office of the Assistant
Secretary for Health (OASH), within the
Department of Health and Human
Services (HHS), is soliciting
nominations from qualified
organizations to be considered for nonvoting liaison representative positions
SUMMARY:
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[Federal Register Volume 78, Number 17 (Friday, January 25, 2013)]
[Notices]
[Pages 5452-5454]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01557]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[Docket 2012-0076; Sequence 46; OMB Control No. 9000-0083]
Federal Acquisition Regulation; Submission for OMB Review;
Qualification Requirements
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Notice of reinstatement request for an information collection
requirement regarding 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
Qualification Requirements. A notice was published in the Federal
Register at 77 FR 51784, on August 27, 2012. One respondent submitted
comments.
DATES: Submit comments on or before February 25, 2013.
ADDRESSES: Submit comments identified by Information Collection 9000-
0083, Qualification Requirements, 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 9000-0083, Qualification Requirements''.
Follow the instructions provided at the ``Submit a Comment'' screen.
Please include your name, company name (if any), and ``Information
Collection 9000-0083, Qualification 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 9000-0083, Qualification Requirements.
Instructions: Please submit comments only and cite Information
Collection 9000-0083, Qualification 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: Ms. Patricia Corrigan, Procurement
Analyst, Office of Governmentwide Acquisition Policy, GSA, (202) 208-
1963 or patricia.corrigan@gsa.gov.
SUPPLEMENTARY INFORMATION:
A. Purpose
FAR subpart 9.2 and the associated clause at FAR 52.209-1,
implement the statutory requirements of 10 U.S.C. 2319 and 41 U.S.C.
3311, which allow an agency to establish a qualification requirement
for testing or other quality assurance demonstration that must be
completed by an offeror before award of a contract. Under the
qualification requirements, an end item, or a component thereof, may be
required to be prequalified. The clause at FAR 52.209-1, Qualification
Requirements, requires offerors who have met the qualification
requirements to identify the offeror's name, the manufacturer's name,
source's name, the item name, service identification, and test number
(to the extent known). This eliminates the need for an offeror to
provide new information when the offeror, manufacturer, source, product
or service covered by qualification requirement has already met the
standards specified by an agency in a solicitation.
The contracting officer uses the information to determine
eligibility for award when the clause at 52.209-1 is included in the
solicitation. Alternatively, items not yet listed may be considered for
award upon the submission of evidence of qualification with the offer.
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
[[Page 5453]]
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 subpart 9.2 and the associated clause at
FAR 52.209-1. This information collection, which implements the
statutory requirements of 10 U.S.C. 2319 and 41 U.S.C. 3311, which
allows an agency to establish a qualification requirement for testing
or other quality assurance demonstration that must be completed by an
offeror before award of a contract. Under the qualification
requirements, an end item, or a component thereof, may be required to
be prequalified. The clause at FAR 52.209-1, Qualification
Requirements, requires offerors who have met the qualification
requirements to identify the offeror's name, the manufacturer's name,
source's name, the item name, service identification, and test number
(to the extent known). This eliminates the need for an offeror to
provide new information when the offeror, manufacturer, source, product
or service covered by qualification requirement has already met the
standards specified by an agency in a solicitation. The contracting
officer uses the information to determine eligibility for award when
the clause at 52.209-1 is included in the solicitation.
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 Agencies
estimate that only 2,207 respondents will be subject to this
requirement annually * * * we respectfully submit that this is greatly
understated.'' The respondent also took issue with the ``number of
responses annually per respondent. The Agencies have reduced the prior
estimate by 95% without any explanation. The current estimate of five
responses per year is entirely unrealistic.'' Further, the respondent
found the estimate of 15 minutes per response to be ``unrealistic''
indicating that ``a reasonable estimate would be in the range of at
least two to three hours per response''. 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. The
same respondent 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.
Following careful consideration of both the estimated number of
respondents and the time needed to respond to the information required
by the clause at FAR 52.209-1, it is determined that an upward
adjustment is required.
In response to the respondent's concern that ``the Agencies'
estimate that only 2,207 respondents will be subject to this
requirement annually'' was ``greatly understated'', it should be noted
that the clause at FAR 52.209-1, Qualification Requirements, is used in
relatively limited circumstances. The clause is prescribed for
solicitations and contracts only when the acquisition is subject to a
qualification requirement, which should be rare because of the
statutory requirement favoring the acquisition of commercial items.
Further, offerors are only required to provide information in paragraph
(c) of the clause in cases where the offeror, manufacturer, source,
product or service covered by a qualification requirement has already
met the standards specified in the solicitation. Given these limiting
circumstances and absent receipt of additional data to support the
respondent's comments, the estimated number of respondents is revised
from the previous 2,207 to 5 percent or 9,693 of the 193,859 unique
vendors awarded contracts during Fiscal Year 2011. It is estimated that
5 percent of the 193,859 vendors would have received awards for
solicitations in which the clause at FAR 52.209-1 was used and
contained one or more qualification requirements.
The respondent also commented on the estimated number of responses
annually, stating that ``the Agencies have reduced the prior estimate
by 95% without any explanation. The current estimate of five responses
per year is entirely unrealistic.'' The estimated number of responses
annually contained in the currently approved information collection is
changed from 100, which was based on an estimated number of
qualification requirements contained in each solicitation, to an
estimated average of 5 responses per respondent. The estimated number
of responses refers to the average number of offers received annually
per respondent for the type of information associated with this
collection, despite the number of qualification requirements contained
in a solicitation.
Lastly, based on the previous explanation of the limited
circumstances of which this collection applies and the respondent's
comments, the estimated responses time is revised from 15 minutes to
one hour. The estimate is an average time for an offeror to complete
six brief responses of what should be readily available qualification
documentation regarding one to four qualified products per
solicitation.
C. Annual Reporting Burden
There is no Governmentwide data collection process or system, e.g.,
Federal Procurement Data System (FPDS) which respondents has been
raised from 2,207 to 9,693 reflecting an estimate of 5 percent of the
193,859 new contracts awarded in Fiscal Year 2011. Lastly, the
estimated Hours per Response is raised from 15 minutes to one hour to
accommodate an information collection on multiple qualified products in
each solicitation.
Respondents: 9,693.
Responses per Respondent: 5.
Annual Responses: 48,465.
Hours per Response: 1.0.
Total Burden Hours: 48,465.
[[Page 5454]]
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. 9000-0083, Qualification Requirements, in all correspondences.
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. 2013-01557 Filed 1-24-13; 8:45 am]
BILLING CODE 6820-EP-P
