Federal Acquisition Regulation; Submission for OMB Review; Right of First Refusal of Employment, 38340-38341 [2013-15298]

Download as PDF 38340 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Notices ANNUAL BURDEN ESTIMATES—Continued Number of responses per respondent Number of respondents Average burden hours per response Total burden hours Instrument Agency Tangible Personal Property Report (TPPR) and Attachments. Tangible Personal Property Report (TPPR) and Attachments. Tangible Personal Property Report (TPPR) and Attachments. NEH ............................. 0 0 0 0 ED ............................... 0 0 0 0 VA ............................... 0 0 0 0 Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat (MVCB), 1800 F Street NW., 2nd Floor, Washington, DC 20405–00017, telephone (202) 501– 4755. Please cite OMB Control No. 3090–0289, Tangible Personal Property Report, in all correspondence. 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), 1800 F Street NW., 2nd Floor, Washington, DC 20405–0001. 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. Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: FAR Desk Officer, OMB, Room 10102, NEOB, Washington, DC 20503. 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: Dated: June 18, 2013. Casey Coleman, Chief Information Officer. [FR Doc. 2013–15294 Filed 6–25–13; 8:45 am] BILLING CODE 6820–RH–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; Submission for OMB Review; 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: 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. A notice was published in the Federal Register at 78 FR 17670, on March 22, 2013. No comments were received. DATES: Submit comments on or before July 26, 2013. ADDRESSES: Submit comments identified by Information Collection 9000–0114, Right of First Refusal of mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 20:26 Jun 25, 2013 Jkt 229001 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 of work from in-house performance to performance by contract. PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 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. 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. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. 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), 1800 F Street NW., 2nd Floor, Washington, DC 20405–0001, telephone (202) 501–4755. Please cite OMB Control No. 9000–0114, E:\FR\FM\26JNN1.SGM 26JNN1 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Notices Right of First Refusal of Employment, in all correspondence. Dated: June 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. 2013–15298 Filed 6–25–13; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0011; Docket 2010– 0083; Sequence 22] Federal Acquisition Regulation; Information Collection; Preaward Survey Forms (Standard Forms 1403, 1404, 1405, 1406, 1407, and 1408) 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. AGENCY: 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 preaward survey forms (Standard Forms 1403, 1404, 1405, 1406, 1407, and 1408). DATES: Submit comments on or before August 26, 2013. ADDRESSES: Submit comments identified by Information Collection 9000–0011, Preaward Survey Forms, (Standard Forms 1403, 1404, 1405, 1406, 1407, and 1408) 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. Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘Information Collection 9000– 0011, Preaward Survey Forms, (Standard Forms 1403, 1404, 1405, 1406, 1407, and 1408)’’ on your attached document. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 20:26 Jun 25, 2013 Jkt 229001 (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Hada Flowers/IC 9000–0011. Instructions: Please submit comments only and cite Information Collection 9000–0011, Preaward Survey Forms, (Standard Forms 1403, 1404, 1405, 1406, 1407, and 1408), 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. Cecelia L. Davis, Procurement Analyst, Office of Governmentwide Acquisition Policy, GSA, 202–219–0202 or email Cecelia.davis@gsa.gov. SUPPLEMENTARY INFORMATION: A. Purpose To protect the Government’s interest and to ensure timely delivery of items of the requisite quality, contracting officers, prior to award, must make an affirmative determination that the prospective contractor is responsible, i.e., capable of performing the contract. Before making such a determination, the contracting officer must have in his possession or must obtain information sufficient to satisfy himself that the prospective contractor: (i) Has adequate financial resources, or the ability to obtain such resources; (ii) is able to comply with required delivery schedule; (iii) has a satisfactory record of performance; (iv) has a satisfactory record of integrity; and (v) is otherwise qualified and eligible to receive an award under appropriate laws and regulations. If such information is not in the contracting officer’s possession, it is obtained through a preaward survey conducted by the contract administration office responsible for the plant and/or the geographic area in which the plant is located. The necessary data is collected by contract administration personnel from available data or through plant visits, phone calls, and correspondence. This data is entered on Standard Forms 1403, 1404, 1405, 1406, 1407, and 1408 in detail commensurate with the dollar value and complexity of the procurement. These standard forms are not cumulative. The surveying activity completes only the applicable standard form(s) necessary to determine contractor responsibility in each case. 38341 required in limited circumstances where information for the prospective contractor cannot be obtained by the contracting officer to make an affirmative statement of responsibility. Further, if the contemplated contract will have a fixed price at or below the $150,000 simplified acquisition threshold (SAT) or will involve the acquisition of commercial items (see Part 12); the contracting officer should not request a preaward survey unless circumstances justify its cost. Using parameters identified above a Federal Procurement Data System (FPDS) ad hoc report was completed identifying that in Fiscal Year (FY) 2012 an estimated total of 11,805 contracts were awarded Governmentwide that were over the SAT, and for which commercial acquisition procedures were not used. Of that number, it is estimated that preaward surveys were completed for 30 percent, or 3,540 of the 11,805 contracts that were awarded. Of the six Standard Forms (1403, 1404, 1405, 1406, 1407, and 1408), we estimated that Standard Form 1403 is used most frequently because it is a general form and accounts for 30 percent or 1,062 times, Standard Forms 1404 and 1407 account for 15 percent or 531 times, Standard Form 1408 accounts for 20 percent or 708 times, and Standard Forms 1405 and 1406 account 10 percent or 354 times. Additionally, there is no Governmentwide data collection process or system which identifies the actual number of hours necessary to prepare and complete Standard Forms. To date, no public comments or questions have been received regarding the estimated burden hours per response included in prior approved clearances. After consultation with subject matter experts, it was determined that the time required to prepare and complete the Standard Forms is estimated at 24 hours per response. Because preaward survey data is generally used for multiple contracts awarded within a 12 month period, it is estimated that only one (1) response would be reported annually per respondent per form. B. Annual Reporting Burden Standard Form 1403—Preaward Survey of Prospective Contractor (General) Respondents: 1,062. Responses annually: 1. Total Responses: 1,062. Hours per Response: 24. Total Burden Hours: 25,488. There are no Governmentwide systems for collecting the number of preaward surveys completed in a fiscal year as preaward surveys are only Standard Form 1404—Preaward Survey of Prospective Contractor Technical Respondents: 531. Responses annually: 1. PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\26JNN1.SGM 26JNN1

Agencies

[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Notices]
[Pages 38340-38341]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15298]


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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; Submission for OMB Review; 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. A notice was published in 
the Federal Register at 78 FR 17670, on March 22, 2013. No comments 
were received.

DATES: Submit comments on or before July 26, 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), 1800 F Street NW., 2nd Floor, Washington, DC 20405-
0001. 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. Submit comments regarding 
this burden estimate or any other aspect of this collection of 
information, including suggestions for reducing this burden to: FAR 
Desk Officer, OMB, Room 10102, NEOB, Washington, DC 20503. 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 of work 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.

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.
    Public comments are particularly invited on: Whether this 
collection of information is necessary for the proper performance of 
functions of the FAR, and whether it will have practical utility; 
whether our estimate of the public burden of this collection of 
information is accurate, and based on valid assumptions and 
methodology; ways to enhance the quality, utility, and clarity of the 
information to be collected; and ways in which we can minimize the 
burden of the collection of information on those who are to respond, 
through the use of appropriate technological collection techniques or 
other forms of information technology.
    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), 1800 F Street NW., 2nd 
Floor, Washington, DC 20405-0001, telephone (202) 501-4755. Please cite 
OMB Control No. 9000-0114,

[[Page 38341]]

Right of First Refusal of Employment, in all correspondence.

    Dated: June 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. 2013-15298 Filed 6-25-13; 8:45 am]
BILLING CODE 6820-EP-P