Federal Acquisition Regulation; Submission for OMB Review; Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, 18344-18346 [2013-06927]
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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: 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–
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 https://
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: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
DATES:
E:\FR\FM\26MRN1.SGM
26MRN1
Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Notices
searching ‘‘Information Collection
9000–0130, Buy American Act—Free
Trade Agreements—Israeli Trade Act
Certificate’’ under the heading ‘‘Enter
Keyword or ID’’ and selecting ‘‘Search’’.
Select the link ‘‘Submit a Comment’’
that corresponds with ‘‘Information
Collection 9000–0130, Buy American
Act—Free Trade Agreements—Israeli
Trade Act Certificate’’. Follow the
instructions provided at the ‘‘Submit a
Comment’’ screen. Please include your
name, company name (if any), and
‘‘Information Collection 9000–0130, Buy
American Act—Free Trade
Agreements—Israeli Trade Act
Certificate’’ 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 9000–0130, Buy American
Act—Free Trade Agreements—Israeli
Trade Act Certificate.
Instructions: Please submit comments
only and cite Information Collection
9000–0130, Buy American Act—Free
Trade Agreements—Israeli Trade Act
Certificate, 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.
Ms.
Cecelia L. Davis, Procurement Analyst,
Contract Policy Division, GSA, (202)
219–0202 or via email at
cecelia.davis@gsa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
srobinson on DSK4SPTVN1PROD with NOTICES
A. Purpose
Under the Free Trade Agreements Act
of 1979, unless specifically exempted by
statute or regulation, agencies are
required to evaluate offers, over a
certain dollar limitation, to supply an
eligible product without regard to the
restrictions of the Buy American Act.
FAR provision 52.225–4, Buy American
Act—Free Trade Agreements—Israeli
Trade Act Certificate, requires an offeror
to certify that the offered products are
domestic end products and Free Trade
Agreement (FTA) end products. The
provision also requires an offeror to
identify foreign end products.
Contracting officers use the
information to give domestic and FTA
country end products a preference
during the evaluation of offers. Items
having components of unknown origin
are considered to have been mined,
produced, or manufactured outside the
United States.
VerDate Mar<15>2010
19:07 Mar 25, 2013
Jkt 229001
B. Analysis of Public Comments
A notice was published in the Federal
Register at 77 FR 43081, on July 23,
2012. One respondent submitted public
comments on the extension of the
previously approved information
collection. The analysis of 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 Required 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
implementation of FAR 25.406 and the
provision at FAR 52.225–4, Buy
American Act—Free Trade
Agreements—Israeli Trade Act
Certificate, in accordance with the terms
of the Free Trade Agreements Act of
1979. Under the Free Trade Agreements
Act of 1979, unless specifically
exempted by statute or regulation,
agencies are required to evaluate offers
(over a certain dollar limitation) to
supply an eligible product, without
regard to restrictions of the Buy
American Act. Offerors identify covered
Free Trade Agreement (FTA) country
end products and other foreign end
products on this certificate in
accordance with the FAR provision at
52.225–4. The contracting officer uses
the information to identify covered FTA
country end products. Offers are
evaluated by giving a preference to
domestic and covered FTA country end
products over other products, as
provided for by law and treaty.
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 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 agency’s
information collection requirement
greatly exceeds the agency’s estimate
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
18345
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 went into
assessing the estimated burden hours for
this collection, and it is determined that
an upward adjustment is not required at
this time related to the responses per
respondent. The revised estimate of two
responses per respondent is based upon
contractor use of the Online
Representation and Certifications
Application (ORCA) function in the
System for Award Management (SAM)
rather than the completion of
representations and certifications for
each solicitation/contract for which a
vendor submits an offer. The ORCA
function was developed to eliminate the
administrative burden for contractors of
submitting the same information to
various contracting offices, and to
establish a common source for this
information to procurement offices
across the Government. Prior to the
ORCA function’s implementation,
prospective contractors were required to
submit representations and
certifications in paper form for each
individual contract award. Under these
conditions, a higher response rate per
E:\FR\FM\26MRN1.SGM
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18346
Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Notices
year per contractor as suggested by the
respondent may have been necessary.
However, using the ORCA function in
SAM, a contractor can enter their
representations and certification
information once for use on all Federal
contracts and solicitations. FAR
4.1201(a) requires prospective
contractors to complete electronic
annual representations and
certifications in conjunction with
required registration in the Central
Contractor Registration (CCR). These
requirements are met through
functionality in SAM. The
representations and certifications are
effective until one year from the date of
submission or update to the ORCA
function in SAM. For purposes of this
information collection, initial data entry
plus one update per year was
considered reasonable and was used to
estimate the number of responses per
respondent per year, i.e., 2 responses
per respondent.
We have reassessed the hours of
burden per response based on the
respondent’s comment, and have
determined that an upward estimate of
thirty minutes would provide a more
accurate measure of the time required to
complete or update the initial
certification.
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.
B. Annual Reporting Burden
srobinson on DSK4SPTVN1PROD with NOTICES
Respondents: 162,000.
Responses per Respondent: 2.
Annual Responses: 324,000.
Hours per Response: .5.
Total Burden Hours: 162,000.
Obtaining Copies of Proposals:
Requesters may obtain a copy of the
information collection documents from
the General Services Administration,
Regulatory Secretariat (MVCB), 1275
First Street NE., Washington, DC 20417,
telephone (202) 501–4755. Please cite
OMB Control No. 9000–0130, Buy
American Act—Free Trade
Agreements—Israeli Trade Act
Certificate, 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. 2013–06927 Filed 3–25–13; 8:45 am]
BILLING CODE 6820–EP–P
VerDate Mar<15>2010
19:07 Mar 25, 2013
Jkt 229001
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0145; Docket 2012–
0076; Sequence 23]
Federal Acquisition Regulation;
Submission for OMB Review; Use of
Data Universal Numbering System
(DUNS) as Primary Contractor
Identification
AGENCIES: 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 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 use of the Data Universal
Numbering System (DUNS) as primary
contractor identification. The DUNS
number is the nine-digit identification
number assigned by Dun and Bradstreet
Information Services to an
establishment. A notice was published
in the Federal Register at 77 FR 56212,
on September 12, 2012. Three
respondents submitted comments.
DATES: Submit comments on or before
April 25, 2013.
ADDRESSES: Submit comments
identified by Information Collection
9000–0145, Use of Data Universal
Numbering System (DUNS) as Primary
Contractor Identification, by any of the
following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching ‘‘Information Collection
9000–0145, Use of Data Universal
Numbering System (DUNS) as Primary
Contractor Identification’’ under the
heading ‘‘Enter Keyword or ID’’ and
selecting ‘‘Search’’. Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘Information Collection 9000–
0145, Use of Data Universal Numbering
System (DUNS) as Primary Contractor
Identification’’. Follow the instructions
provided at the ‘‘Submit a Comment’’
screen. Please include your name,
company name (if any), and
‘‘Information Collection 9000–0145, Use
of Data Universal Numbering System
(DUNS) as Primary Contractor
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
Identification’’ 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 9000–0145, Transportation
Requirements.
Instructions: Please submit comments
only and cite Information Collection
9000–0145, Use of Data Universal
Numbering System (DUNS) as Primary
Contractor Identification, 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: Mr.
Curtis E. Glover, Sr., Procurement
Analyst, Office of Governmentwide
Acquisition Policy, GSA (202) 501–1448
or via email at curtis.glover@gsa.gov.
SUPPLEMENTARY INFORMATION:
I. Purpose
The Data Universal Numbering
System (DUNS) number is the nine-digit
identification number assigned by Dun
and Bradstreet Information Services to
an establishment. The Government uses
the DUNS number to identify
contractors in reporting to the Federal
Procurement Data System (FPDS). The
FPDS provides a comprehensive
mechanism for assembling, organizing,
and presenting contract placement data
for the Federal Government. Federal
agencies report data on all contracts in
excess of the micro-purchase threshold
to the Federal Procurement Data Center
which collects, processes, and
disseminates official statistical data on
Federal contracting. Contracting officers
insert the Federal Acquisition
Regulation (FAR) provision at 52.204–6,
Data Universal Numbering System
(DUNS) Number, in solicitations they
expect will result in contracts in excess
of the micro-purchase threshold and do
not contain FAR 52.204–7, Central
Contractor Registration. The majority of
offerors submit their DUNS through
CCR as required by FAR 52.204–7, and
not under the FAR provision at 52.204–
6.
II. Discussion and Analysis
Three respondents submitted public
comments on the extension of the
previously approved information
collection. The analysis of the public
comments is summarized as follows:
Comment: Three respondents
commented that they supported the
continued use of the Data Universal
E:\FR\FM\26MRN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Notices]
[Pages 18344-18346]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06927]
-----------------------------------------------------------------------
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
AGENCIES: 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.
-----------------------------------------------------------------------
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.
DATES: 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: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by
[[Page 18345]]
searching ``Information Collection 9000-0130, Buy American Act--Free
Trade Agreements--Israeli Trade Act Certificate'' under the heading
``Enter Keyword or ID'' and selecting ``Search''. Select the link
``Submit a Comment'' that corresponds with ``Information Collection
9000-0130, Buy American Act--Free Trade Agreements--Israeli Trade Act
Certificate''. Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``Information Collection 9000-0130, Buy American Act--Free Trade
Agreements--Israeli Trade Act Certificate'' 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 9000-0130, Buy American Act--Free Trade Agreements--
Israeli Trade Act Certificate.
Instructions: Please submit comments only and cite Information
Collection 9000-0130, Buy American Act--Free Trade Agreements--Israeli
Trade Act Certificate, 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. Cecelia L. Davis, Procurement
Analyst, Contract Policy Division, GSA, (202) 219-0202 or via email at
cecelia.davis@gsa.gov.
SUPPLEMENTARY INFORMATION:
A. Purpose
Under the Free Trade Agreements Act of 1979, unless specifically
exempted by statute or regulation, agencies are required to evaluate
offers, over a certain dollar limitation, to supply an eligible product
without regard to the restrictions of the Buy American Act. FAR
provision 52.225-4, Buy American Act--Free Trade Agreements--Israeli
Trade Act Certificate, requires an offeror to certify that the offered
products are domestic end products and Free Trade Agreement (FTA) end
products. The provision also requires an offeror to identify foreign
end products.
Contracting officers use the information to give domestic and FTA
country end products a preference during the evaluation of offers.
Items having components of unknown origin are considered to have been
mined, produced, or manufactured outside the United States.
B. Analysis of Public Comments
A notice was published in the Federal Register at 77 FR 43081, on
July 23, 2012. One respondent submitted public comments on the
extension of the previously approved information collection. The
analysis of 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 Required 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 implementation of FAR 25.406 and the provision
at FAR 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade
Act Certificate, in accordance with the terms of the Free Trade
Agreements Act of 1979. Under the Free Trade Agreements Act of 1979,
unless specifically exempted by statute or regulation, agencies are
required to evaluate offers (over a certain dollar limitation) to
supply an eligible product, without regard to restrictions of the Buy
American Act. Offerors identify covered Free Trade Agreement (FTA)
country end products and other foreign end products on this certificate
in accordance with the FAR provision at 52.225-4. The contracting
officer uses the information to identify covered FTA country end
products. Offers are evaluated by giving a preference to domestic and
covered FTA country end products over other products, as provided for
by law and treaty.
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 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 agency's 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 went into assessing the estimated burden
hours for this collection, and it is determined that an upward
adjustment is not required at this time related to the responses per
respondent. The revised estimate of two responses per respondent is
based upon contractor use of the Online Representation and
Certifications Application (ORCA) function in the System for Award
Management (SAM) rather than the completion of representations and
certifications for each solicitation/contract for which a vendor
submits an offer. The ORCA function was developed to eliminate the
administrative burden for contractors of submitting the same
information to various contracting offices, and to establish a common
source for this information to procurement offices across the
Government. Prior to the ORCA function's implementation, prospective
contractors were required to submit representations and certifications
in paper form for each individual contract award. Under these
conditions, a higher response rate per
[[Page 18346]]
year per contractor as suggested by the respondent may have been
necessary. However, using the ORCA function in SAM, a contractor can
enter their representations and certification information once for use
on all Federal contracts and solicitations. FAR 4.1201(a) requires
prospective contractors to complete electronic annual representations
and certifications in conjunction with required registration in the
Central Contractor Registration (CCR). These requirements are met
through functionality in SAM. The representations and certifications
are effective until one year from the date of submission or update to
the ORCA function in SAM. For purposes of this information collection,
initial data entry plus one update per year was considered reasonable
and was used to estimate the number of responses per respondent per
year, i.e., 2 responses per respondent.
We have reassessed the hours of burden per response based on the
respondent's comment, and have determined that an upward estimate of
thirty minutes would provide a more accurate measure of the time
required to complete or update the initial certification.
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.
B. Annual Reporting Burden
Respondents: 162,000.
Responses per Respondent: 2.
Annual Responses: 324,000.
Hours per Response: .5.
Total Burden Hours: 162,000.
Obtaining Copies of Proposals: Requesters may obtain a copy of the
information collection documents from the General Services
Administration, Regulatory Secretariat (MVCB), 1275 First Street NE.,
Washington, DC 20417, telephone (202) 501-4755. Please cite OMB Control
No. 9000-0130, Buy American Act--Free Trade Agreements--Israeli Trade
Act Certificate, 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. 2013-06927 Filed 3-25-13; 8:45 am]
BILLING CODE 6820-EP-P
