Federal Acquisition Regulation; Information Collection; Right of First Refusal of Employment, 17670-17671 [2013-06580]

Download as PDF srobinson on DSK4SPTVN1PROD with NOTICES 17670 Federal Register / Vol. 78, No. 56 / Friday, March 22, 2013 / Notices 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. Given that many of the key data elements are pre-populated in eSRS from the Federal Procurement Data System and the System for Award Management (e.g. basic contractual information and contractor information), combined with the system improvements to streamline user experience, the amount of training provided, the user guides and webinars available, and the sample reports provided, the length of time necessary for reporting subcontracting achievements into eSRS has been shortened. As a result, the estimate burden hours published in the Federal Register at 77 FR 69627, on November 20, 2012 remains a valid estimate and an upward adjustment is not required at this time. However, 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. Comment: The respondent commented that the collective burden of compliance with the information collection requirement greatly exceeds the agency’s estimate and outweighs any potential utility of the extension. Response: The Paperwork Reduction Act (PRA) was designed to improve the quality and use of Federal information to strengthen decision-making, accountability, and openness in government and society. Central to this process is the solicitation of comments from the public. This process incorporates and enumerated specification of targeted information and provides interested parties a meaningful opportunity for comment on the relevant compliance cost. This process has led to decreases in the overall collection requirement in regards to the public. Based on OMB estimates, in FY 2010, the public spent 8.8 billion hours responding to information collections. This was a decrease of one billion hours, or ten percent from the previous fiscal year. In effect, the collective burden of compliance for the public is going down as the Government publishes rule that make the process less complex, more transparent, and reduces the cost of federal regulations to both the Contractor community and Government. VerDate Mar<15>2010 18:27 Mar 21, 2013 Jkt 229001 C. Annual Reporting Burden Based on information from eSRS and an estimate of the use of eSRS, an upward adjustment is being made to the number of respondents, but a downward adjustment is being made to the average burden hours for reporting and recordkeeping per response. As a result, a downward adjustment is being made to the estimated annual reporting burden since the notice regarding an extension to this clearance published in the Federal Register at 75 FR 9604, on March 3, 2010. Respondents: 129,009. Responses per Respondent: 3. Total Responses: 387,027. Average Burden Hours per Response: 8.50. Total Burden Hours: 3,289,729.50. 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. 9000–0006, Subcontracting Plans/Individual Subcontract Report (SF–294), 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. 2013–06581 Filed 3–21–13; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0114; Docket 2012– 0076; Sequence 60] Federal Acquisition Regulation; Information Collection; Right of First Refusal of Employment 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 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 and approve an extension of a previously approved information collection. Submit comments on or before May 21, 2013. ADDRESSES: Submit comments identified by Information Collection 9000–0114, Right of First Refusal of Employment, 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 9000–0114, Right of First Refusal of Employment’’. Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘Information Collection 9000–0114, Right of First Refusal of Employment’’ 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 9000–0114, Right of First Refusal of Employment. Instructions: Please submit comments only and cite Information Collection 9000–0114, Right of First Refusal of Employment, 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. Michael O. Jackson, Procurement Analyst, Office of Governmentwide Acquisition Policy GSA, at (202) 208– 4949 or via email at michaelo.jackson@gsa.gov. DATES: SUPPLEMENTARY INFORMATION: A. Purpose As prescribed in FAR 7.305(c), the clause at FAR 52.207–3, Right of First Refusal of Employment, deals with adversely affected or separated Government employees resulting from the conversion from in-house performance to performance by contract. The clause requires the contractor to give these employees an opportunity to work for the contractor who is awarded the contract. The information gathered will be used by the Government to gain knowledge of which employees, adversely affected or separated as a result of the contract award, have gained employment with the contractor within 90 days after contract performance begins. E:\FR\FM\22MRN1.SGM 22MRN1 Federal Register / Vol. 78, No. 56 / Friday, March 22, 2013 / Notices B. Annual Reporting Burden The total annual burden has increased from 912 hours to 30,327 hours. This is based on an analysis of the Federal Procurement Data System—Next Generation (FPDS–NG) which shows that for Fiscal Years 2011 and 2012 there were 9,198 and 11,020, respectively, new A–76 awards. An average of the number of the A–76 awards for these two years equates to 10,109. Number of Respondents: 10,109. Responses per Respondent: 1. Total Responses: 10,109. Average Burden Hours per Response: 3. Total Burden Hours: 30,327. 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. 9000–0114, Right of First Refusal of Employment, 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. 2013–06580 Filed 3–21–13; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0007; Docket 2012– 0076; Sequence 59] Federal Acquisition Regulation; Submission for OMB Review; Summary Subcontract Report Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for comments regarding an extension to an existing OMB clearance. srobinson on DSK4SPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 18:27 Mar 21, 2013 Jkt 229001 summary subcontract reports (SF–295). A notice was published in the Federal Register at 77 FR 69483, on November 19, 2012. One comment was received. DATES: Submit comments on or before April 22, 2013. ADDRESSES: Submit comments identified by Information Collection 9000–0007, Summary Subcontract Report, 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– 0007, Summary Subcontract Report’’. Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘Information Collection 9000– 0007, Summary Subcontract Report’’, 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 9000–0007, Summary Subcontract Report. Instructions: Please submit comments only and cite Information Collection 9000–0007, Summary Subcontract Report, 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. Karlos Morgan, Procurement Analyst, Office of Governmentwide Acquisition Policy, GSA, (202) 501–2364 or via email at karlos.morgan@gsa.gov. SUPPLEMENTARY INFORMATION: A. Purpose In accordance with Federal Acquisition Regulation 19.702, any contractor receiving a contract for more than the simplified acquisition threshold must agree in the contract that small business, small disadvantaged business, historically underutilized business zone (HUBZone) small business, veteran-owned small business, service-disabled veteran-owned small business, and women-owned small business concerns will have the maximum practicable opportunity to participate in contract performance consistent with its efficient performance. Further, contractors receiving a contract or a modification to a contract expected to exceed $650,000 ($1,500,000 for construction) must PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 17671 submit a subcontracting plan that provides maximum practicable opportunities for the above named concerns. Specific elements required to be included in the plan are specified in section 8(d) of the Small Business Act and are implemented in FAR Subpart 19.7. In conjunction with the subcontracting plan requirements, contractors must submit an annual summary (semi-annual for DOD and NASA) of subcontracts awarded by prime and subcontractors for a specific Federal Government agency that required an Individual Subcontracting plan for the previous fiscal year. This is accomplished through the use of the Standard Form 295, Summary Subcontract Report, or the Summary Subcontract Report (SSR), the electronic equivalent of the of the Standard Form 295, submitted through the Electronic Subcontracting Reporting System (eSRS). The Electronic Subcontracting Reporting System streamlines the small business subcontracting program reporting process and provides the data to agencies in a manner that enables them to more effectively manage the program. Contractors must use the SSR in lieu of the SF 295, with the exception of those contracts noted in FAR 4.606(c)(5) which requires that actions, pursuant to other authority, will not be entered in Federal Procurement Data System (e.g., reporting of the information would compromise national security). Those contract actions noted in FAR 4.606(c)(5) will continue to use the Standard Form 295. 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. Response: In accordance with the Paperwork Reduction Act (PRA), agencies can request OMB approval an existing information collection. PRA requires that agencies use the Federal Register notice and comment process, to extend OMB’s approval, least every three years. This extension, to a previously approved information collection, pertains to the use of the SSR to collect subcontract award data from prime or subcontractors that: (a) Hold E:\FR\FM\22MRN1.SGM 22MRN1

Agencies

[Federal Register Volume 78, Number 56 (Friday, March 22, 2013)]
[Notices]
[Pages 17670-17671]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06580]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0114; Docket 2012-0076; Sequence 60]


Federal Acquisition Regulation; Information Collection; Right of 
First Refusal of Employment

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.

DATES: Submit comments on or before May 21, 2013.

ADDRESSES: Submit comments identified by Information Collection 9000-
0114, Right of First Refusal of Employment, 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 9000-0114, Right of First Refusal of 
Employment''. Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``Information Collection 9000-0114, Right of First Refusal of 
Employment'' 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 9000-0114, Right of First Refusal of Employment.

    Instructions: Please submit comments only and cite Information 
Collection 9000-0114, Right of First Refusal of Employment, 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. Michael O. Jackson, Procurement 
Analyst, Office of Governmentwide Acquisition Policy GSA, at (202) 208-
4949 or via email at michaelo.jackson@gsa.gov.

SUPPLEMENTARY INFORMATION:

A. Purpose

    As prescribed in FAR 7.305(c), the clause at FAR 52.207-3, Right of 
First Refusal of Employment, deals with adversely affected or separated 
Government employees resulting from the conversion from in-house 
performance to performance by contract. The clause requires the 
contractor to give these employees an opportunity to work for the 
contractor who is awarded the contract.
    The information gathered will be used by the Government to gain 
knowledge of which employees, adversely affected or separated as a 
result of the contract award, have gained employment with the 
contractor within 90 days after contract performance begins.

[[Page 17671]]

B. Annual Reporting Burden

    The total annual burden has increased from 912 hours to 30,327 
hours. This is based on an analysis of the Federal Procurement Data 
System--Next Generation (FPDS-NG) which shows that for Fiscal Years 
2011 and 2012 there were 9,198 and 11,020, respectively, new A-76 
awards. An average of the number of the A-76 awards for these two years 
equates to 10,109.
    Number of Respondents: 10,109.
    Responses per Respondent: 1.
    Total Responses: 10,109.
    Average Burden Hours per Response: 3.
    Total Burden Hours: 30,327.
    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. 9000-0114, Right of First Refusal of Employment, 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. 2013-06580 Filed 3-21-13; 8:45 am]
BILLING CODE 6820-EP-P