Submission for OMB Review; Notification of Ownership Changes, 38342-38343 [2013-15300]

Agencies

• DEPARTMENT OF DEFENSE
• General Services Administration
• National Aeronautics and Space Administration

[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Notices]
[Pages 38342-38343]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15300]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0115; Docket 2012-0076; Sequence 70]


Submission for OMB Review; Notification of Ownership Changes

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.

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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 
notification of ownership changes. A notice was published in the 
Federal Register at 77 FR 74663, on December 17, 2012. One respondent 
submitted comments.

DATES: Comments may be submitted on or before July 26, 2013.

ADDRESSES: Submit comments identified by Information Collection 9000-
0115, Notification of Ownership Changes 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 9000-0115, Notification of 
Ownership Changes''. Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``Information Collection 9000-0115, Notification of Ownership Changes'' 
on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), 1800 F Street NW., Washington, DC 20405-0001. ATTN: 
Hada Flowers/IC 9000-0115, Notification of Ownership Changes.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0115, Notification of Ownership Changes, 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 https://www.regulations.gov, 
including any personal and/or business confidential information 
provided.

FOR FURTHER INFORMATION CONTACT: Edward Chambers, Procurement Analyst, 
Office of Acquisition Policy, GSA, (202) 501-3221 or email 
edward.chambers@gsa.gov.

SUPPLEMENTARY INFORMATION:

A. Purpose

    Allowable costs of assets are limited in the event of change in 
ownership of a contractor. Contractors are required to provide the 
Government adequate and timely notice of this event per the FAR clause 
at 52.215-19, Notification of Ownership Changes.

B. Discussion and Analysis

    One respondent submitted 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 of an existing information 
collection. The PRA requires that agencies use the Federal Register 
notice and comment process, to extend OMB's approval, at least every 
three years. This extension, to a previously approved information 
collection, pertains to FAR clause 52.215-19. This clause requires a 
contractor, when becoming aware that a change in its ownership has 
occurred, or is certain to occur, that could result in changes in the 
valuation of its capitalized assets in the accounting records, to 
notify the Administrative Contracting Officer (ACO) within 30 days. 
Further, the contractor has

[[Page 38343]]

responsibilities regarding the maintenance and availability of 
inventory records of assets. Without this information or ability to 
access the information, after an ownership change, the Government would 
be unable to ascertain whether contractor assets were properly 
valuated. The cost principles at FAR 31.205-52 address the allowability 
of certain costs resulting from asset valuations following business 
combinations. In order to administer the cost principles adequately, 
the information required by FAR 52.215-19 is necessary.
    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.
    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.
    Upon consideration of the respondent's comments and review of 
Fiscal Year 2012 (FY12) Federal Procurement Data System (FPDS) 
information an adjustment is being made to the estimated annual burden. 
Based on FPDS information approximately 1200 novations and non-novated 
mergers and acquisitions were recorded in FY12 as descriptions for 
modifications. However, it is estimated that 50 percent or 600 of such 
actions will require the contractor to meet the requirements specified 
at FAR 52.215-19. The clause is only required to be inserted in 
solicitations and contracts for which it is contemplated that certified 
cost or pricing data will be required or for which any pre-award or 
post-award cost determination will be subject to Subpart 31.2. The 
estimate of hours per response is adjusted upwards to partly allow for 
the internal coordination and analysis before submitting the 
information to the Government as stated by the respondent. However the 
significant adjustment suggested was not made because, apart from a 
notification to the ACO, the requirements of the clause are passive, 
requiring contractors to maintain rather than to create records to meet 
the specific requirements for Government submission, and should be part 
of the normal course of doing business. 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

    Respondents: 600.
    Responses per Respondent: 1.
    Total Responses: 600.
    Hours per Response: 5.
    Total Burden Hours: 3000.
    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. 9000-0115, Notification of Ownership Changes, in all 
correspondence.

    Dated: June 21, 2013.
William Clark,
Acting Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2013-15300 Filed 6-25-13; 8:45 am]
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