Submission for OMB Review; Limitations on Pass-Through Charges, 45928-45929 [2013-18218]
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45928
Federal Register / Vol. 78, No. 146 / Tuesday, July 30, 2013 / Notices
Total Annual Cost: $1,581,600.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority is contained in Sections
154(i), 308 and 310 of the
Communications Act of 1934, as
amended.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Impact Assessment(s): No
impact(s).
Needs and Uses: Each licensee/
permittee of a noncommercial FM and
TV broadcast station is required to file
an Ownership Report for
Noncommercial Educational Broadcast
Station, FCC Form 323–E, within 30
days of the date of grant by the FCC of
an application for an original
construction permit. In addition,
licensee must file FCC Form 323–E
biennially on the anniversary of the
application filing date for the station
license renewal. Each licensee with a
current, unmodified FCC Form 323–E
on file with the Commission may
electronically review its current Report,
validate its accuracy, and be relieved of
the obligation to file a new Biennial
Ownership Report. The FCC 323–E must
also be filed within 30 days of
consummating authorized assignments
or transfers of permits and licenses.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. 2013–18269 Filed 7–29–13; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0173; Docket 2012–
0076; Sequence 52]
Submission for OMB Review;
Limitations on Pass-Through Charges
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.
pmangrum on DSK3VPTVN1PROD with NOTICES
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
SUMMARY:
VerDate Mar<15>2010
14:32 Jul 29, 2013
Jkt 229001
and approve a previously approved
information collection requirement
regarding Limitations on Pass-Through
Charges. A notice was published in the
Federal Register at 77 FR 69440, on
November 19, 2012. One comment was
received.
DATES: Submit comments on or before
August 29, 2013.
ADDRESSES: Submit comments
identified by Information Collection
9000–0173, Limitations on PassThrough Charges 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–
0173, Limitations on Pass-Through
Charges’’. Follow the instructions
provided at the ‘‘Submit a Comment’’
screen. Please include your name,
company name (if any), and
‘‘Information Collection 9000–0173,
Limitations on Pass-Through Charges’’
on your attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), 1800 F Street NW.,, 2nd floor,
Washington, DC 20405. ATTN: Hada
Flowers/IC 9000–0173, Limitations on
Pass-Through Charges.
Instructions: Please submit comments
only and cite Information Collection
9000–0173, Limitations on PassThrough Charges, 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: Mr.
Edward N. Chambers, Procurement
Analyst, Office of Acquisition Policy, at
telephone (202) 501–3221 or via email
to Edward.chambers@gsa.gov.
SUPPLEMENTARY INFORMATION:
A. Purpose
To enable contracting officers to
verify that pass-through charges are not
excessive, the clause at FAR 52.215–22,
Limitations on Pass-Through Charges—
Identification of Subcontract Effort,
requires offerors submitting a proposal
for a contract, task order, or delivery
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
order to provide the following
information with its proposal:
(1) The percent of effort the offeror
intends to perform and the percent
expected to be performed by each
subcontractor.
(2) If the offeror intends to
subcontract more than 70 percent of the
total cost of work to be performed—
(i) The amount of the offeror’s indirect
costs and profit/fee applicable to the
work to be performed by the
subcontractor(s); and,
(ii) A description of the value added
by the offeror as related to the work to
be performed by the subcontractor(s).
(3) If any subcontractor intends to
subcontract to a lower-tier subcontractor
more than 70 percent of the total cost of
work to be performed under its
subcontract—
(i) The amount of the subcontractor’s
indirect costs and profit/fee applicable
to the work to be performed by the
lower-tier subcontractor(s); and,
(ii) A description of the value added
by the subcontractor as related to the
work to be performed by the lower-tier
subcontractor(s).
In addition, if the amount of the effort
to be subcontracted by the contractor or
a subcontractor changes from the
amount identified in the proposal such
that it exceeds 70 percent of the total
cost of work to be performed, the clause
at FAR 52.215–23, Limitations on PassThrough Charges, requires contractors to
provide a description of the value added
by the contractor or subcontractor, as
applicable, as related to the subcontract
effort.
B. Discussion and Analysis
One respondent submitted public
comments on the extension of the
previously approved information
collection. The analysis of their 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
52.215–22. This clause requires offerors
submitting a proposal for a contract,
task order, or delivery order to provide
E:\FR\FM\30JYN1.SGM
30JYN1
pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 146 / Tuesday, July 30, 2013 / Notices
certain information on its projected
subcontracting activities with its
proposal. Absent the reporting under
this clause, the Government would be
vulnerable to charges from prime
contractors related to subcontract
activity which did not provide
commensurate or even any value to the
contract.
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. The
respondent stated the estimate of a half
hour per response per respondent is
understated, and that a more realistic
estimate would be in the range of 40 to
80 hours per response. 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
respondent also provided that the
burden of compliance with the
information collection requirement
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
VerDate Mar<15>2010
14:32 Jul 29, 2013
Jkt 229001
normal course of business. Careful
consideration went into assessing the
estimated burden hours for this
collection, and although, the respondent
provided estimates of responses and
burden hours, the estimates cannot be
confirmed with any degree of certainty
to totally rely on the information.
However, it is determined that an
upward adjustment from the previously
approved information collection is
warranted at this time based upon
consideration of the information
provided in the public comment.
C. Annual Reporting Burden
There is no centralized database in
the Federal Government that maintains
information regarding the use of the
clauses at FAR 52.215–22 and FAR
52.215–23. Therefore, subject matter
experts were consulted to obtain
additional information that helped in
estimating the revised public burden.
For this information collection
requirement data from Fiscal Year (FY)
2012 was retrieved from the Federal
Procurement Data System—Next
Generation (FPDS–NG). The parameters
for this information collection were
defined based on the prescription from
the applicable clauses. Based on a
comprehensive review of the
prescriptions for the applicable clauses,
it was determined that the types of
contracts associated with this
information collection are:
(1) For civilian agencies, costreimbursement type contracts and the
total estimated contract or order value
exceeds the simplified acquisition
threshold (SAT).
(2) For DoD, the total estimated
contract or order value exceeds the
threshold for obtaining cost or pricing
data in 15.403–4 ($700,000); and the
contract type is expected to be any
contract type except—
(i) A firm-fixed-price contract
awarded on the basis of adequate price
competition;
(ii) A fixed-price contract with
economic price adjustment awarded on
the basis of adequate price competition;
(iii) A firm-fixed-price contract for the
acquisition of a commercial item;
(iv) A fixed-price contract with
economic price adjustment, for the
acquisition of a commercial item;
(v) A fixed-price incentive contract
awarded on the basis of adequate price
competition; or
(vi) A fixed-price incentive contract
for the acquisition of a commercial item.
For civilian agencies, FPDS–NG
shows 3,017 contracts awarded to 2,258
unique vendors were applicable to the
clauses associated with this information
collection. For DOD, FPDS–NG shows
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
45929
1,376 contracts awarded to 1,119 unique
vendors were applicable to the clauses
associated with this information
collection. This equates to a total of
4,393 contracts awarded to 3,377 unique
vendors. Based on discussions with
subject matter experts, it was
determined that 4,393 contract awards
was a sufficient baseline for estimating
the number of solicitations that would
include the applicable clause. It is
estimated that 3 responses would be
submitted in response to a solicitation
that included the applicable clauses, for
a total of 13,179 estimated respondents
per year. The number of responses per
respondent is estimated at one. It is also
determined that the estimated time
required to read and prepare a response
is increased from 60 minutes to 120
minutes. This determination is based on
the consideration of public comments.
These revisions represent an increase
from the previously approved
information collection.
Respondents: 13,179.
Responses per Respondent: 1.
Total Responses 13,179.
Hours per Response: 2.
Total Burden Hours: 26,358.
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, telephone (202) 501–4755. Please
cite OMB Control No. 9000–0173,
Limitations on Pass-Through Charges, in
all correspondence.
Dated: July 24, 2013.
Karlos Morgan,
Acting Director, Federal Acquisition Policy
Division, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
[FR Doc. 2013–18218 Filed 7–29–13; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2012–N–0980]
Agency Information Collection
Activities; Announcement of Office of
Management and Budget Approval;
Guidance on Reagents for Detection of
Specific Novel Influenza A Viruses
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA) is announcing
SUMMARY:
E:\FR\FM\30JYN1.SGM
30JYN1
Agencies
[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Notices]
[Pages 45928-45929]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18218]
=======================================================================
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0173; Docket 2012-0076; Sequence 52]
Submission for OMB Review; Limitations on Pass-Through Charges
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 a previously approved
information collection requirement regarding Limitations on Pass-
Through Charges. A notice was published in the Federal Register at 77
FR 69440, on November 19, 2012. One comment was received.
DATES: Submit comments on or before August 29, 2013.
ADDRESSES: Submit comments identified by Information Collection 9000-
0173, Limitations on Pass-Through Charges 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 9000-0173, Limitations on
Pass-Through Charges''. Follow the instructions provided at the
``Submit a Comment'' screen. Please include your name, company name (if
any), and ``Information Collection 9000-0173, Limitations on Pass-
Through Charges'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), 1800 F Street NW.,, 2nd floor, Washington, DC
20405. ATTN: Hada Flowers/IC 9000-0173, Limitations on Pass-Through
Charges.
Instructions: Please submit comments only and cite Information
Collection 9000-0173, Limitations on Pass-Through Charges, 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: Mr. Edward N. Chambers, Procurement
Analyst, Office of Acquisition Policy, at telephone (202) 501-3221 or
via email to Edward.chambers@gsa.gov.
SUPPLEMENTARY INFORMATION:
A. Purpose
To enable contracting officers to verify that pass-through charges
are not excessive, the clause at FAR 52.215-22, Limitations on Pass-
Through Charges--Identification of Subcontract Effort, requires
offerors submitting a proposal for a contract, task order, or delivery
order to provide the following information with its proposal:
(1) The percent of effort the offeror intends to perform and the
percent expected to be performed by each subcontractor.
(2) If the offeror intends to subcontract more than 70 percent of
the total cost of work to be performed--
(i) The amount of the offeror's indirect costs and profit/fee
applicable to the work to be performed by the subcontractor(s); and,
(ii) A description of the value added by the offeror as related to
the work to be performed by the subcontractor(s).
(3) If any subcontractor intends to subcontract to a lower-tier
subcontractor more than 70 percent of the total cost of work to be
performed under its subcontract--
(i) The amount of the subcontractor's indirect costs and profit/fee
applicable to the work to be performed by the lower-tier
subcontractor(s); and,
(ii) A description of the value added by the subcontractor as
related to the work to be performed by the lower-tier subcontractor(s).
In addition, if the amount of the effort to be subcontracted by the
contractor or a subcontractor changes from the amount identified in the
proposal such that it exceeds 70 percent of the total cost of work to
be performed, the clause at FAR 52.215-23, Limitations on Pass-Through
Charges, requires contractors to provide a description of the value
added by the contractor or subcontractor, as applicable, as related to
the subcontract effort.
B. Discussion and Analysis
One respondent submitted public comments on the extension of the
previously approved information collection. The analysis of their
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 52.215-22. This clause requires
offerors submitting a proposal for a contract, task order, or delivery
order to provide
[[Page 45929]]
certain information on its projected subcontracting activities with its
proposal. Absent the reporting under this clause, the Government would
be vulnerable to charges from prime contractors related to subcontract
activity which did not provide commensurate or even any value to the
contract.
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. The respondent stated the estimate of a
half hour per response per respondent is understated, and that a more
realistic estimate would be in the range of 40 to 80 hours per
response. 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 respondent also provided that the burden of compliance with the
information collection requirement 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 although, the respondent provided estimates of
responses and burden hours, the estimates cannot be confirmed with any
degree of certainty to totally rely on the information. However, it is
determined that an upward adjustment from the previously approved
information collection is warranted at this time based upon
consideration of the information provided in the public comment.
C. Annual Reporting Burden
There is no centralized database in the Federal Government that
maintains information regarding the use of the clauses at FAR 52.215-22
and FAR 52.215-23. Therefore, subject matter experts were consulted to
obtain additional information that helped in estimating the revised
public burden.
For this information collection requirement data from Fiscal Year
(FY) 2012 was retrieved from the Federal Procurement Data System--Next
Generation (FPDS-NG). The parameters for this information collection
were defined based on the prescription from the applicable clauses.
Based on a comprehensive review of the prescriptions for the applicable
clauses, it was determined that the types of contracts associated with
this information collection are:
(1) For civilian agencies, cost-reimbursement type contracts and
the total estimated contract or order value exceeds the simplified
acquisition threshold (SAT).
(2) For DoD, the total estimated contract or order value exceeds
the threshold for obtaining cost or pricing data in 15.403-4
($700,000); and the contract type is expected to be any contract type
except--
(i) A firm-fixed-price contract awarded on the basis of adequate
price competition;
(ii) A fixed-price contract with economic price adjustment awarded
on the basis of adequate price competition;
(iii) A firm-fixed-price contract for the acquisition of a
commercial item;
(iv) A fixed-price contract with economic price adjustment, for the
acquisition of a commercial item;
(v) A fixed-price incentive contract awarded on the basis of
adequate price competition; or
(vi) A fixed-price incentive contract for the acquisition of a
commercial item.
For civilian agencies, FPDS-NG shows 3,017 contracts awarded to
2,258 unique vendors were applicable to the clauses associated with
this information collection. For DOD, FPDS-NG shows 1,376 contracts
awarded to 1,119 unique vendors were applicable to the clauses
associated with this information collection. This equates to a total of
4,393 contracts awarded to 3,377 unique vendors. Based on discussions
with subject matter experts, it was determined that 4,393 contract
awards was a sufficient baseline for estimating the number of
solicitations that would include the applicable clause. It is estimated
that 3 responses would be submitted in response to a solicitation that
included the applicable clauses, for a total of 13,179 estimated
respondents per year. The number of responses per respondent is
estimated at one. It is also determined that the estimated time
required to read and prepare a response is increased from 60 minutes to
120 minutes. This determination is based on the consideration of public
comments.
These revisions represent an increase from the previously approved
information collection.
Respondents: 13,179.
Responses per Respondent: 1.
Total Responses 13,179.
Hours per Response: 2.
Total Burden Hours: 26,358.
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, telephone (202) 501-4755. Please cite OMB
Control No. 9000-0173, Limitations on Pass-Through Charges, in all
correspondence.
Dated: July 24, 2013.
Karlos Morgan,
Acting Director, Federal Acquisition Policy Division, Office of
Governmentwide Acquisition Policy, Office of Acquisition Policy, Office
of Governmentwide Policy.
[FR Doc. 2013-18218 Filed 7-29-13; 8:45 am]
BILLING CODE 6820-EP-P