Federal Acquisition Regulation; Submission for OMB Review; Taxpayer Identification Number Information, 18343-18344 [2013-06859]

Download as PDF Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Notices srobinson on DSK4SPTVN1PROD with NOTICES B. Discussion and Analysis One respondent submitted public comments on the extension of the previously approved information collection. The analysis of the public comments is summarized as follows: Comment: The respondent commented that the extension of the information collection would violate the fundamental purposes of the Paperwork Reduction Act because of the burden it puts on the entity submitting the information and the agency collecting the information. The respondent opposes granting the extension of the information collection requirement. Response: In accordance with the Paperwork Reduction Act (PRA), agencies can request an OMB approval of an existing information collection. The PRA requires that agencies use the Federal Register notice and comment process, to extend the OMB’s approval, at least every three years. This extension, to a previously approved information collection, pertains to FAR 43.205 which allows a contracting officer, whenever the estimated cost of a change or series of related changes under a contract exceeds $100,000, to assert the right in the clause at FAR 52.243–6, Change Order Accounting, to require the contractor to maintain separate accounts for each change or a series of related changes. Each account shall record all incurred segregable, direct costs (less allocable credits) of work, changed and unchanged, allocable to the change. These accounts are to be maintained until the parties agree to an equitable adjustment for the changes or until the matter is conclusively disposed of under the Disputes clause. Not granting this extension would consequently eliminate FAR clauses that provide a benefit to the public and the agency collecting the information. Comment: The respondent commented that the agency did not accurately estimate the public burden challenging that the agency’s methodology for calculating it is insufficient and inadequate and does not reflect the total burden. For this reason, the respondent provided that the agency should reassess the estimated total burden hours and revise the estimate upwards to be more accurate, as was done in FAR Case 2007–006. The same respondent also provided that the burden of compliance with the information collection requirement greatly exceeds the agency’s estimate and outweighs any potential utility of the extension. Response: Serious consideration is given, during the open comment period, VerDate Mar<15>2010 19:07 Mar 25, 2013 Jkt 229001 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 went into assessing the burden for this collection and adjustments were made. 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. C. Annual Reporting Burden The estimated number of respondents has increased from 200 to 10,636, based on information retrieved from the Federal Procurement Data System— Next Generation (FPDS–NG). For Fiscal Year 2012, 21,272 contractors were awarded modifications over $100,000 on fixed-price type contracts, which are applicable to this information collection. It is estimated that only about half of these contractors would be required to submit the information under this collection, or 10,636 because of the improvement in Generally Accepted Accounting Principles (GAAP), the use of FAR cost principles (FAR subpart 31.2), and expanded use of Cost Accounting Standards (CAS). These procedures, in most cases, enable the Government to account for the cost of changes without having to resort to change order accounting. Submission to PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 18343 the Government remains the same at 12, based on an estimated monthly submission, or 12 times a year. The estimated hours per response time of .5, or 30 minutes, is increased to 1 hour. This change is based on a reassessment of the estimated time required to gather and report the accounting information in the format specific to this information collection. Respondents: 10,636. Responses per Respondent: 12. Annual Responses: 127,632. Hours per Response: 1. Total Burden Hours: 127,632. 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. 9000–0026, Change Order Accounting, in all correspondence. Dated: March 21, 2013. William Clark, Acting Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2013–06919 Filed 3–25–13; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0097; Docket 2012– 0076; Sequence 22] Federal Acquisition Regulation; Submission for OMB Review; Taxpayer Identification Number Information 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 Taxpayer Identification Number Information. A notice was published in the Federal Register at 77 FR 51782, on E:\FR\FM\26MRN1.SGM 26MRN1 18344 Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Notices srobinson on DSK4SPTVN1PROD with NOTICES August 27, 2012. No comments were received. DATES: Submit comments on or before April 25, 2013. ADDRESSES: Submit comments identified by Information Collection 9000–0097, Taxpayer Identification Number Information, 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– 0097, Taxpayer Identification Number Information’’. Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘Information Collection 9000–0097, Taxpayer Identification Number Information’’ 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 9000–0097, Taxpayer Identification Number Information. Instructions: Please submit comments only and cite Information Collection 9000–0097, Taxpayer Identification Number Information, 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, Contract Policy Division, GSA, (202) 501–1448 or email at curtis.glover@gsa.gov. SUPPLEMENTARY INFORMATION: A. Purpose In accordance with 31 U.S.C. 7701(c), a contractor doing business with a Government agency is required to furnish its Tax Identification Number (TIN) to that agency. 31 U.S.C. 3325(d) requires the Government to include, with each certified voucher prepared by the Government payment office and submitted to a disbursing official, the TIN of the contractor receiving payment under the voucher. 26 U.S.C. 6050M, as implemented in the Department of Treasury, Internal Revenue Service (IRS) regulations at Title 26 of the Code of Federal Regulations (CFR), requires heads of Federal executive agencies to report certain information to the IRS. 26 U.S.C. 6041 and 6041A, as implemented VerDate Mar<15>2010 19:07 Mar 25, 2013 Jkt 229001 in 26 CFR, in part, requires payors, including Government agencies, to report to the IRS, on form 1099, payments made to certain contractors. To comply with the requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS in 26 CFR, FAR clause 52.204–3, Taxpayer Identification, requires a potential Government contractor to submit, among other information, its TIN. The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the contractor’s relationship with the Government. A contractor is not required to provide its TIN on each contract in accordance with FAR clause 52.204–3, Taxpayer Identification, when FAR clause 52.204–7, Central Contractor Registration, is inserted in contracts. FAR clause 52.204–7 requires a potential Federal contractor to provide its TIN in the Central Contractor Registration (CCR) system. B. Annual Reporting Burden The annual reporting burden decreased from what was published in the Federal Register at 73 FR 20613, on April 16, 2008. The decrease is attributed to a revised estimate of the respondents and hours per response. A potential federal contractor is required to complete a one-time registration in CCR to provide basic information in order to be awarded a Federal Government contract. Part of a potential Federal contractor’s CCR registration includes providing its TIN in accordance with FAR 52.204–7. It is estimated that a significant number of Federal contractors will not be required to submit their TIN under this collection at FAR 52.204–3, due to the requirement to submit their TIN during the registration process. Based on Federal procurement Data Systems (FPDS) data, 193,397 unique contractors were awarded Federal Government contracts in Fiscal Year 2011 (FY11). We estimate that fifteen percent of the FY11 unique vendors, responding on average to three solicitations per year, are required to provide their TIN in accordance with FAR 52.204–3. In addition, based on the TIN being readily available business information within contractor’s system, the estimated hours per response is decreased to .10. The revised estimate of the annual reporting burden requirements is reflected below. Respondents: 29,010. Responses per Respondent: 3. Total Responses: 87,030. Hours per Response: .10. Total Burden Hours: 8,703. PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 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. 9000–0097, Taxpayer Identification Number Information, in all correspondence. Dated: March 20, 2013. William Clark, Acting Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2013–06859 Filed 3–25–13; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0130; Docket 2012– 0076; Sequence 14] Federal Acquisition Regulation; Submission for OMB Review; Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for an extension to an existing OMB clearance. AGENCIES: 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 the Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. A notice was published in the Federal Register at 77 FR 43081, on July 23, 2012. One comment was received. Submit comments on or before April 25, 2013. ADDRESSES: Submit comments identified by Information Collection 9000–0130, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, by any of the following methods: • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by DATES: E:\FR\FM\26MRN1.SGM 26MRN1

Agencies

[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Notices]
[Pages 18343-18344]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06859]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0097; Docket 2012-0076; Sequence 22]


Federal Acquisition Regulation; Submission for OMB Review; 
Taxpayer Identification Number Information

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 
Taxpayer Identification Number Information. A notice was published in 
the Federal Register at 77 FR 51782, on

[[Page 18344]]

August 27, 2012. No comments were received.

DATES: Submit comments on or before April 25, 2013.

ADDRESSES: Submit comments identified by Information Collection 9000-
0097, Taxpayer Identification Number Information, 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 9000-0097, Taxpayer 
Identification Number Information''. Follow the instructions provided 
at the ``Submit a Comment'' screen. Please include your name, company 
name (if any), and ``Information Collection 9000-0097, Taxpayer 
Identification Number Information'' 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 9000-0097, Taxpayer Identification Number Information.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0097, Taxpayer Identification Number Information, 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, Contract Policy Division, GSA, (202) 501-1448 or email at 
curtis.glover@gsa.gov.

SUPPLEMENTARY INFORMATION:

A. Purpose

    In accordance with 31 U.S.C. 7701(c), a contractor doing business 
with a Government agency is required to furnish its Tax Identification 
Number (TIN) to that agency. 31 U.S.C. 3325(d) requires the Government 
to include, with each certified voucher prepared by the Government 
payment office and submitted to a disbursing official, the TIN of the 
contractor receiving payment under the voucher. 26 U.S.C. 6050M, as 
implemented in the Department of Treasury, Internal Revenue Service 
(IRS) regulations at Title 26 of the Code of Federal Regulations (CFR), 
requires heads of Federal executive agencies to report certain 
information to the IRS. 26 U.S.C. 6041 and 6041A, as implemented in 26 
CFR, in part, requires payors, including Government agencies, to report 
to the IRS, on form 1099, payments made to certain contractors.
    To comply with the requirements of 31 U.S.C. 7701(c) and 3325(d), 
reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and 
implementing regulations issued by the IRS in 26 CFR, FAR clause 
52.204-3, Taxpayer Identification, requires a potential Government 
contractor to submit, among other information, its TIN. The TIN may be 
used by the Government to collect and report on any delinquent amounts 
arising out of the contractor's relationship with the Government. A 
contractor is not required to provide its TIN on each contract in 
accordance with FAR clause 52.204-3, Taxpayer Identification, when FAR 
clause 52.204-7, Central Contractor Registration, is inserted in 
contracts. FAR clause 52.204-7 requires a potential Federal contractor 
to provide its TIN in the Central Contractor Registration (CCR) system.

B. Annual Reporting Burden

    The annual reporting burden decreased from what was published in 
the Federal Register at 73 FR 20613, on April 16, 2008. The decrease is 
attributed to a revised estimate of the respondents and hours per 
response. A potential federal contractor is required to complete a one-
time registration in CCR to provide basic information in order to be 
awarded a Federal Government contract. Part of a potential Federal 
contractor's CCR registration includes providing its TIN in accordance 
with FAR 52.204-7. It is estimated that a significant number of Federal 
contractors will not be required to submit their TIN under this 
collection at FAR 52.204-3, due to the requirement to submit their TIN 
during the registration process. Based on Federal procurement Data 
Systems (FPDS) data, 193,397 unique contractors were awarded Federal 
Government contracts in Fiscal Year 2011 (FY11). We estimate that 
fifteen percent of the FY11 unique vendors, responding on average to 
three solicitations per year, are required to provide their TIN in 
accordance with FAR 52.204-3. In addition, based on the TIN being 
readily available business information within contractor's system, the 
estimated hours per response is decreased to .10. The revised estimate 
of the annual reporting burden requirements is reflected below.
    Respondents: 29,010.
    Responses per Respondent: 3.
    Total Responses: 87,030.
    Hours per Response: .10.
    Total Burden Hours: 8,703.
    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. 9000-0097, Taxpayer Identification Number Information, in all 
correspondence.

    Dated: March 20, 2013.
William Clark,
Acting Director, Federal Acquisition Policy Division, Office of 
Governmentwide Acquisition Policy, Office of Acquisition Policy, Office 
of Governmentwide Policy.
[FR Doc. 2013-06859 Filed 3-25-13; 8:45 am]
BILLING CODE 6820-EP-P