Federal Acquisition Regulation; Submission for OMB Review; Contractors' Purchasing Systems Reviews, 17673-17674 [2013-06578]

Download as PDF Federal Register / Vol. 78, No. 56 / Friday, March 22, 2013 / Notices DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0132; Docket 2012– 0076; Sequence 61] Federal Acquisition Regulation; Submission for OMB Review; Contractors’ Purchasing Systems Reviews A. Purpose 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. AGENCY: 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 contractors’ purchasing systems reviews. A notice was published in the Federal Register at 77 FR 51783, on October 27, 2012. One comment was received. Submit comments on or before April 22, 2013. ADDRESSES: Submit comments identified by Information Collection 9000–0132, Contractors’ Purchasing Systems Reviews, 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 9000–0132, Contractors’ Purchasing Systems Reviews’’. Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘Information Collection 9000–0132, Contractors’ Purchasing Systems Reviews’’ 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 9000–0132, Contractors’ Purchasing Systems Reviews. Instructions: Please submit comments only and cite Information Collection 9000–0132, Contractors’ Purchasing Systems Reviews, in all correspondence srobinson on DSK4SPTVN1PROD with NOTICES DATES: VerDate Mar<15>2010 18:27 Mar 21, 2013 Jkt 229001 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. Patricia Corrigan, Procurement Analyst, Office of Governmentwide Acquisition Policy, GSA, (202) 208–1963 or email at patricia.corrigan@gsa.gov. SUPPLEMENTARY INFORMATION: The objective of a contractor purchasing system review (CPSR), as discussed in Part 44 of the FAR, is to evaluate the efficiency and effectiveness with which the contractor spends Government funds and complies with Government policy when subcontracting. The review provides the administrative contracting officer (ACO) a basis for granting, withholding, or withdrawing approval of the contractor’s purchasing system. 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 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 information collections associated with contractor purchasing system reviews (CPSR), as discussed in Part 44 of the FAR. The objective of CPSRs is to evaluate the efficiency and effectiveness with which the contractor spends Government funds and complies with Government policy when subcontracting. The review provides the administrative contracting officer a basis for granting, withholding, or withdrawing approval of the contractor’s purchasing system. An approved purchasing system allows the contractor more autonomy in subcontracting actions. Without an approved purchasing system more Government oversight is necessary, and PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 17673 Government consent to subcontract is required. 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 1,580 respondents will be subject to this requirement annually * * * is greatly understated.’’ The respondent also found the estimate of 25 hours per response to be too low. For these reasons, 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. Careful consideration, including consultation with Subject Matter Experts, went into assessing the burden hours for this collection, and it is determined that an upward adjustment is not required. The respondent expressed concern that the estimate of 1,580 respondents is ‘‘greatly understated’’ because ‘‘the E:\FR\FM\22MRN1.SGM 22MRN1 srobinson on DSK4SPTVN1PROD with NOTICES 17674 Federal Register / Vol. 78, No. 56 / Friday, March 22, 2013 / Notices requirements apply regardless of whether or not the Government conducts a review. In other words, all contractors are required to be prepared when and if the Government ultimately conducts the purchasing system review.’’ In response, we wish to clarify the circumstances under which CPSRs are actually conducted. If a contractor’s sales to the Government (excluding competitively awarded firm-fixed-price and competitively awarded fixed-price with economic price adjustment contracts and sales of commercial items in accordance with FAR part 12) are expected to exceed $25 million during the next 12 months, an ACO may determine that a CPSR is necessary. The ACO’s determination as to whether a CPSR is necessary is based on, but not limited to, the past performance of the contractor, and the volume, complexity and dollar value of subcontracts. Once an initial determination has been made regarding a CPSR, at least every three years, the ACO shall determine whether a CPSR is necessary. If necessary, the cognizant contract administration office will conduct the CPSR. Generally, a CPSR is not performed for a specific contract, as the respondent appears to imply. Rather, CPSRs are conducted on contractors based on the factors identified above. For example, the Defense Contract Management Agency (DCMA) Contractor Purchasing System Review Group is a group dedicated to conducting CPSRs for the Department of Defense. As of April 2012 the group’s review workload included more than 400 contractors worldwide. The estimate of 1,580 respondents is therefore determined to be reasonable. In addition, the respondent is reminded that estimated burden hours should only include projected hours for those actions which a company would not undertake in the normal course of business. The primary purpose of CSPRs is to evaluate a portion of the normal course of a contractor’s business, i.e., to evaluate the contractor’s purchasing processes to ensure the efficiency and effectiveness with which the contractor spends Government funds and complies with Government policy when subcontracting. We submit that fundamental preparation for a review is part of a contractor’s normal course of business. The respondent also took issue with the estimate of 25 hours per response. As indicated above, Subject Matter Experts were consulted in developing the estimate. Based on their assessment, the time required for reading and preparing information was adjusted upwards from 17 hours (as estimated in VerDate Mar<15>2010 18:27 Mar 21, 2013 Jkt 229001 the currently approved information collection) to 25 hours per completion, in order to provide a more accurate accounting of the contractors’ time expenditure needed to prepare for a CPSR and respond to any contracting officer recommendations related to withholding or withdrawing of contractor purchasing system approval resulting from an CSPR. C. Annual Reporting Burden There is no single data collection process or system, e.g., Federal Procurement Data System (FPDS), that identifies the number of CPSRs conducted governmentwide. However, for purposes of this clearance, the estimated Average Burden Per Response is estimated at 25 hours per completion. Based on coordination with a Government agency that conducts CPSRs, the estimate has been adjusted upwards from the current 17 hours to 25 hours, in order to provide a more accurate accounting of the contractors’ time necessary for reading information and preparing for a CSPR. Number of Respondents: 1,580. Responses per Respondent: 1. Total Responses: 1,580. Average Burden per Response: 25. Total Burden Hours: 39,500. 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. 9000–0132, Contractors’ Purchasing Systems Reviews, in all correspondence. Dated: March 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. 2013–06578 Filed 3–21–13; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary [Document Identifier: HHS–OS–19116–60D] Agency Information Collection Activities; Proposed Collection; Public Comment Request Office of the Secretary, HHS. Notice. AGENCY: ACTION: SUMMARY: In compliance with section 3506(c)(2)(A) of the Paperwork PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, announces plans to submit a new Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB). Prior to submitting that ICR to OMB, OS seeks comments from the public regarding the burden estimate, below, or any other aspect of the ICR. DATES: Comments on the ICR must be received on or before May 21, 2013. ADDRESSES: Submit your comments to Information.CollectionClearance@hhs. gov or by calling (202) 690–6162. FOR FURTHER INFORMATION CONTACT: Information Collection Clearance staff, Information.CollectionClearance@hhs. gov or (202) 690–6162. SUPPLEMENTARY INFORMATION: When submitting comments or requesting information, please include the document identifier HHS–OS–19116– 60D for reference. Information Collection Request Title: Out, Proud, and Healthy Fitness Project. Abstract: The Office of Women’s Health (OWH) and the Department of Health and Human Services (HHS) Coordinating Committee on Lesbian, Gay, Bi-sexual and Transgender (LGBT) Issues have prioritized the collection of health data on LGBT populations. In response, OWH funded an initiative to identify and test effective and innovative ways of reducing obesity in lesbian and bisexual women. The planned intervention developed in St. Louis Missouri is called the ‘‘Out, Proud, and Health Fitness Project’’ has been developed to address what is currently known about local LB women’s community norms, common barriers to health, patterns of physical and mental health access, and preferences for health services and health outcomes. The interventions will offer randomized controlled trial intervention-fitness education classes, evidence-based personalized exercise routines, a gym membership, a smart pedometer to motivate users to increase physical activity and health education classes focused on increasing healthy lifestyle choices. The project is scheduled for one year. Need and Proposed Use of the Information: Addresses barriers to health for the LB community, and promotes overall health and wellbeing. The intervention will incorporate community-identified weight loss/risk reduction needs of this population. Following the completion of the surveys and interventions, collected data will be used to develop a ‘‘Toolkit’’ that other organizations can use to promote healthy weight in older LB women. E:\FR\FM\22MRN1.SGM 22MRN1

Agencies

[Federal Register Volume 78, Number 56 (Friday, March 22, 2013)]
[Notices]
[Pages 17673-17674]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06578]



[[Page 17673]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0132; Docket 2012-0076; Sequence 61]


Federal Acquisition Regulation; Submission for OMB Review; 
Contractors' Purchasing Systems Reviews

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.

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

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 
contractors' purchasing systems reviews. A notice was published in the 
Federal Register at 77 FR 51783, on October 27, 2012. One comment was 
received.

DATES: Submit comments on or before April 22, 2013.

ADDRESSES: Submit comments identified by Information Collection 9000-
0132, Contractors' Purchasing Systems Reviews, 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 9000-0132, Contractors' Purchasing 
Systems Reviews''. Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``Information Collection 9000-0132, Contractors' Purchasing Systems 
Reviews'' 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 9000-0132, Contractors' Purchasing Systems Reviews.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0132, Contractors' Purchasing Systems Reviews, 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. Patricia Corrigan, Procurement 
Analyst, Office of Governmentwide Acquisition Policy, GSA, (202) 208-
1963 or email at patricia.corrigan@gsa.gov.

SUPPLEMENTARY INFORMATION: 

A. Purpose

    The objective of a contractor purchasing system review (CPSR), as 
discussed in Part 44 of the FAR, is to evaluate the efficiency and 
effectiveness with which the contractor spends Government funds and 
complies with Government policy when subcontracting. The review 
provides the administrative contracting officer (ACO) a basis for 
granting, withholding, or withdrawing approval of the contractor's 
purchasing system.

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 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 information collections associated with 
contractor purchasing system reviews (CPSR), as discussed in Part 44 of 
the FAR. The objective of CPSRs is to evaluate the efficiency and 
effectiveness with which the contractor spends Government funds and 
complies with Government policy when subcontracting. The review 
provides the administrative contracting officer a basis for granting, 
withholding, or withdrawing approval of the contractor's purchasing 
system. An approved purchasing system allows the contractor more 
autonomy in subcontracting actions. Without an approved purchasing 
system more Government oversight is necessary, and Government consent 
to subcontract is required.
    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 1,580 respondents will be subject to this 
requirement annually * * * is greatly understated.'' The respondent 
also found the estimate of 25 hours per response to be too low. For 
these reasons, 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.
    Careful consideration, including consultation with Subject Matter 
Experts, went into assessing the burden hours for this collection, and 
it is determined that an upward adjustment is not required.
    The respondent expressed concern that the estimate of 1,580 
respondents is ``greatly understated'' because ``the

[[Page 17674]]

requirements apply regardless of whether or not the Government conducts 
a review. In other words, all contractors are required to be prepared 
when and if the Government ultimately conducts the purchasing system 
review.'' In response, we wish to clarify the circumstances under which 
CPSRs are actually conducted. If a contractor's sales to the Government 
(excluding competitively awarded firm-fixed-price and competitively 
awarded fixed-price with economic price adjustment contracts and sales 
of commercial items in accordance with FAR part 12) are expected to 
exceed $25 million during the next 12 months, an ACO may determine that 
a CPSR is necessary. The ACO's determination as to whether a CPSR is 
necessary is based on, but not limited to, the past performance of the 
contractor, and the volume, complexity and dollar value of 
subcontracts. Once an initial determination has been made regarding a 
CPSR, at least every three years, the ACO shall determine whether a 
CPSR is necessary. If necessary, the cognizant contract administration 
office will conduct the CPSR. Generally, a CPSR is not performed for a 
specific contract, as the respondent appears to imply. Rather, CPSRs 
are conducted on contractors based on the factors identified above. For 
example, the Defense Contract Management Agency (DCMA) Contractor 
Purchasing System Review Group is a group dedicated to conducting CPSRs 
for the Department of Defense. As of April 2012 the group's review 
workload included more than 400 contractors worldwide. The estimate of 
1,580 respondents is therefore determined to be reasonable. In 
addition, the respondent is reminded that estimated burden hours should 
only include projected hours for those actions which a company would 
not undertake in the normal course of business. The primary purpose of 
CSPRs is to evaluate a portion of the normal course of a contractor's 
business, i.e., to evaluate the contractor's purchasing processes to 
ensure the efficiency and effectiveness with which the contractor 
spends Government funds and complies with Government policy when 
subcontracting. We submit that fundamental preparation for a review is 
part of a contractor's normal course of business.
    The respondent also took issue with the estimate of 25 hours per 
response. As indicated above, Subject Matter Experts were consulted in 
developing the estimate. Based on their assessment, the time required 
for reading and preparing information was adjusted upwards from 17 
hours (as estimated in the currently approved information collection) 
to 25 hours per completion, in order to provide a more accurate 
accounting of the contractors' time expenditure needed to prepare for a 
CPSR and respond to any contracting officer recommendations related to 
withholding or withdrawing of contractor purchasing system approval 
resulting from an CSPR.

C. Annual Reporting Burden

    There is no single data collection process or system, e.g., Federal 
Procurement Data System (FPDS), that identifies the number of CPSRs 
conducted governmentwide. However, for purposes of this clearance, the 
estimated Average Burden Per Response is estimated at 25 hours per 
completion. Based on coordination with a Government agency that 
conducts CPSRs, the estimate has been adjusted upwards from the current 
17 hours to 25 hours, in order to provide a more accurate accounting of 
the contractors' time necessary for reading information and preparing 
for a CSPR.
    Number of Respondents: 1,580.
    Responses per Respondent: 1.
    Total Responses: 1,580.
    Average Burden per Response: 25.
    Total Burden Hours: 39,500.
    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. 9000-0132, Contractors' Purchasing Systems Reviews, in all 
correspondence.

    Dated: March 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. 2013-06578 Filed 3-21-13; 8:45 am]
BILLING CODE 6820-EP-P