Submission for OMB Review; Certification of Independent Price Determination, Contractor Code of Business Ethics and Compliance, and Preventing Personal Conflicts of Interest, 2780-2781 [2018-00934]
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Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Notices
WWW.REGULATIONS.GOV (EIB 92–34)
or by mail to Office of Management and
Budget, Office of Information and
Regulatory Affairs, 725 17th Street NW,
Washington, DC 20038 Attn: OMB–
3048–0009.
SUPPLEMENTARY INFORMATION:
Titles and Form Number: EIB 92–34
Application for Short-Term Letter of
Credit Insurance Policy.
OMB Number: 3048–0009.
Type of Review: Regular.
Need and Use: The information
collected will provide information
needed to determine compliance and
creditworthiness for transaction
requests submitted to the Export Import
Bank.
Affected Public: This form affects
entities involved in the export of U.S.
goods and services.
Annual Number of Respondents: 11.
Estimated Time per Respondent: 1
hours.
Annual Burden Hours: 48 hours.
Frequency of Reporting or Use: As
needed.
Government Expenses
Reviewing Time per Year: 11 hours.
Average Wages per Hour: $42.50.
Average Cost per Year: $468
(time*wages).
Benefits and Overhead: 20%.
Total Government Cost: $561.
Bassam Doughman,
IT Specialist.
[FR Doc. 2018–00887 Filed 1–18–18; 8:45 am]
BILLING CODE 6690–01–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0018; Docket 2017–
0053; Sequence No. 1]
Submission for OMB Review;
Certification of Independent Price
Determination, Contractor Code of
Business Ethics and Compliance, and
Preventing Personal Conflicts of
Interest
Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Notice.
daltland on DSKBBV9HB2PROD with NOTICES
AGENCY:
Under the provisions of the
Paperwork Reduction Act, the
Regulatory Secretariat Division (MVCB)
will be submitting to the Office of
SUMMARY:
VerDate Sep<11>2014
17:05 Jan 18, 2018
Jkt 244001
Management and Budget (OMB) a
request for revision and an extension of
existing OMB clearances concerning
certification of independent price
determination and parent company and
identifying data.
DATES: Submit comments on or before
February 20, 2018.
ADDRESSES: Submit comments regarding
this burden estimate or any other aspect
of this collection of information,
including suggestions for reducing this
burden to: Office of Information and
Regulatory Affairs of OMB, Attention:
Desk Officer for GSA, Room 10236,
NEOB, Washington, DC 20503.
Additionally submit a copy to GSA 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
9000–0018. Select the link ‘‘Comment
Now’’ that corresponds with
‘‘Information Collection 9000–0018,
‘‘Certification of Independent Price
Determination, Contractor Code of
Business Ethics and Compliance, and
Preventing Personal Conflicts of
Interest.’’ Follow the instructions
provided on the screen. Please include
your name, company name (if any), and
‘‘Information Collection 9000–0018,
‘‘Certification of Independent Price
Determination, Contractor Code of
Business Ethics and Compliance, and
Preventing Personal Conflicts of
Interest’’ on your attached document.
• Mail: General Services
Administration, Regulatory Secretariat
Division (MVCB), 1800 F Street NW,
Washington, DC 20405. ATTN: Ms.
Mandell/IC 9000–0018.
Instructions: Please submit comments
only and cite Information Collection
9000–0018, in all correspondence
related to this collection. Comments
received generally will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided. To confirm
receipt of your comment(s), please
check www.regulations.gov,
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms.
Cecelia L. Davis, Procurement Analyst,
Federal Acquisition Policy Division,
GSA 202–219–0202 or cecelia.davis@
gsa.gov.
SUPPLEMENTARY INFORMATION:
A. Purpose
This information collection
requirement, OMB Control No. 9000–
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
0018, currently titled ‘‘Certification of
Independent Price Determination and
Parent Company and Identifying Data,’’
is proposed to be retitled ‘‘Certification
of Independent Price Determination,
Contractor Code of Business Ethics and
Compliance, and Preventing Personal
Conflicts of Interest,’’ due to
consolidation with two additional
currently approved information
collection requirements: OMB Control
No. 9000–0164, Contractor Business
Ethics Compliance Program and
Disclosure Requirements; and OMB
Control No. 9000–0183, Preventing
Personal Conflicts of Interest for
Contractor Employees Performing
Acquisition Functions.
DoD, GSA and NASA analyzed the FY
2016 data from the Federal Procurement
Data System (FPDS) to develop the
estimated burden hours for this
information collection.
This information collection
requirement pertains to information that
an offeror contractor must submit in
response to the requirements of the
following provisions and clauses in FAR
52.203:
1. Certification of Independent Price
Determination (FAR 52.203–2). This
clause requires the offeror to certify that
the prices in the offer have been arrived
at independently. Agencies are required
to report under 41 U.S.C. 3101 (formerly
41 U.S.C. 252(b)(i)) and 10 U.S.C.
2305(d) suspected violations of the
antitrust laws (e.g., collusive bidding,
identical bids, uniform estimating
systems, etc.) to the Attorney General.
As a first step in assuring that
Government contracts are not awarded
to firms violating such antitrust laws,
offerors on Government contracts must
complete the certificate of independent
price determination. An offer will not be
considered for award where the
certificate has been deleted or modified.
Deletions or modifications of the
certificate and suspected false
certificates are reported to the Attorney
General (see FAR 3.103–2 Evaluating
the Certification).
The information collection is required
each time an offeror responds to a
solicitation for firm-fixed price contract
or fixed-price economic price
adjustment contract unless the
acquisition is: (1) Made under the
simplified acquisition threshold; (2) at
the request for technical proposals
under two-step sealed bidding
procedures; or (3) for utility services for
which rates are set by law or regulation.
The FAR rule requires a Certificate of
Independent Price Determination so that
contractors certify that the prices in
their offer have been arrived at
independently, have not been or will
E:\FR\FM\19JAN1.SGM
19JAN1
daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Notices
not be knowingly disclosed, and have
not been submitted for the purpose of
restricting competition. This clause does
not apply to commercial items.
2. Contractor Code of Business Ethics
and Conduct (FAR 52.203–13). This
clause implements Government policy
and Public Law 110–252, Title VI (Close
the Contractor Fraud Loophole Act). It
requires contractors to notify the
respective agency Office of Inspector
General when the contractor has
credible evidence that the contractor’s
principal, employee, agent, or
subcontractor committed a violation of
certain Federal criminal laws, or a
violation of the Civil False Claims Act.
The objective of the notification
requirement is to emphasize the critical
importance of integrity in contracting
and reduce the occurrence of improper
or criminal conduct in connection with
the award and performance of Federal
contracts and subcontracts. Information
obtained from the notification
requirements will be provided to the
agency Inspector General by the
contractor.
3. Preventing Personal Conflicts of
Interest (FAR 52.203–16). In accordance
with 41 U.S.C. 2303, this clause requires
contractors and subcontractors to: (a)
Identify and prevent personal conflicts
of interest of their covered employees;
and (b) prohibit covered employees who
have access to non-public information
by reason of performance on a
Government contract from using such
information for personal gain.
Contractors are required to notify
contracting officers whenever they
become aware of any personal conflict
of interest violations by a covered
employee. The objective of the
notification requirement is to emphasize
the critical importance of integrity in
contracting and reduce the occurrence
of improper or criminal conduct in
connection with the award and
performance of Federal contracts and
subcontracts. Information obtained from
the notification requirements will be
provided to the agency Inspector
General by the contractor. In addition,
contractors have the opportunity, in
exceptional circumstances, to request
mitigation or waiver of the personal
conflict-of-interest standards. The
information is used by the Government
to evaluate the requested mitigation/
waiver.
The information provided to and by
contractors in accordance with the
clause at FAR 52.203–16 is used by the
contractor and the contracting officer to
identify and mitigate personal conflicts
of interest in compliance with
Government policy to (a) identify and
prevent personal conflicts of interest of
VerDate Sep<11>2014
17:05 Jan 18, 2018
Jkt 244001
2781
covered employees; and (b) prohibit
covered employees who have access to
non-public information by reason of
performance on a Government contract
from using such information for
personal gain (FAR 3.1102). A notice
was published in the Federal Register at
82 FR 40582 on August 25, 2017. No
comments were received.
Regulatory Secretariat Division (MVCB),
1800 F Street NW, Washington, DC
20405, telephone 202–501–4755.
Please cite OMB Control No. 9000–
0018, Certification of Independent Price
Determination, Contractor Code of
Business Ethics and Compliance, and
Preventing Personal Conflicts of
Interest, in all correspondence.
B. Annual Reporting Burden
Dated: January 16, 2018.
Lorin S. Curit,
Director, Federal Acquisition Policy Division,
Office of Government-Wide Acquisition
Policy, Office of Acquisition Policy, Office
of Government-Wide Policy.
1. Certification of Independent Price
Determination (FAR 52.203–2).
Respondents: 24,270.
Responses annually: 30.
Total annual responses: 721,200.
Estimated hrs/response: .25.
Estimated total burden/hrs: 180,300.
2. Contractor Code of Business Ethics
and Conduct (FAR 52.203–13).
Respondents: 278.
Responses per respondent: 1.
Total annual responses: 278.
Preparation hours per response: 60.
Total response burden hours: 16,680.
3. Preventing Personal Conflicts of
Interest (FAR 52.203–16).
Respondents: 120.
Responses per respondent: 1.
Total responses: 120.
Burden hours per response: 30.
Total response burden hours: 3,600.
Recordkeeping burden:
Number of recordkeepers: 8,598.
Records per recordkeeper per year: 25.
Total annual records: 214,950.
Estimated hours per record: 2.0.
Total recordkeeping burden hours:
429,900.
4. Total (counting recordkeepers with
respondents)
Recordkeepers and respondents:
33,266.
Responses: 721,598.
Hours (reporting and recordkeeping):
707,862.
C. Public Comments
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.
Obtaining Copies of Proposals:
Requesters may obtain a copy of the
information collection documents from
the General Services Administration,
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
[FR Doc. 2018–00934 Filed 1–18–18; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0064; Docket 2017–
0053; Sequence 16]
Submission for OMB Review;
Organization and Direction of Work
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 Division 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
organization and direction of work.
DATES: Submit comments on or before
February 20, 2018.
ADDRESSES: Submit comments regarding
this burden estimate or any other aspect
of this collection of information,
including suggestions for reducing this
burden to: Office of Information and
Regulatory Affairs of OMB, Attention:
Desk Officer for GSA, Room 10236,
NEOB, Washington, DC 20503.
Additionally submit a copy to GSA 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 9000–0064. Select
the link ‘‘Comment Now’’ that
corresponds with ‘‘Information
SUMMARY:
E:\FR\FM\19JAN1.SGM
19JAN1
]]>Agencies
[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)]
[Notices]
[Pages 2780-2781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00934]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0018; Docket 2017-0053; Sequence No. 1]
Submission for OMB Review; Certification of Independent Price
Determination, Contractor Code of Business Ethics and Compliance, and
Preventing Personal Conflicts of Interest
AGENCY: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Under the provisions of the Paperwork Reduction Act, the
Regulatory Secretariat Division (MVCB) will be submitting to the Office
of Management and Budget (OMB) a request for revision and an extension
of existing OMB clearances concerning certification of independent
price determination and parent company and identifying data.
DATES: Submit comments on or before February 20, 2018.
ADDRESSES: Submit comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing this burden to: Office of Information and Regulatory Affairs
of OMB, Attention: Desk Officer for GSA, Room 10236, NEOB, Washington,
DC 20503. Additionally submit a copy to GSA 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 9000-0018. Select the link ``Comment Now'' that
corresponds with ``Information Collection 9000-0018, ``Certification of
Independent Price Determination, Contractor Code of Business Ethics and
Compliance, and Preventing Personal Conflicts of Interest.'' Follow the
instructions provided on the screen. Please include your name, company
name (if any), and ``Information Collection 9000-0018, ``Certification
of Independent Price Determination, Contractor Code of Business Ethics
and Compliance, and Preventing Personal Conflicts of Interest'' on your
attached document.
Mail: General Services Administration, Regulatory
Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405.
ATTN: Ms. Mandell/IC 9000-0018.
Instructions: Please submit comments only and cite Information
Collection 9000-0018, in all correspondence related to this collection.
Comments received generally will be posted without change to https://www.regulations.gov, including any personal and/or business
confidential information provided. To confirm receipt of your
comment(s), please check www.regulations.gov, approximately two to
three days after submission to verify posting (except allow 30 days for
posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement
Analyst, Federal Acquisition Policy Division, GSA 202-219-0202 or
[email protected].
SUPPLEMENTARY INFORMATION:
A. Purpose
This information collection requirement, OMB Control No. 9000-0018,
currently titled ``Certification of Independent Price Determination and
Parent Company and Identifying Data,'' is proposed to be retitled
``Certification of Independent Price Determination, Contractor Code of
Business Ethics and Compliance, and Preventing Personal Conflicts of
Interest,'' due to consolidation with two additional currently approved
information collection requirements: OMB Control No. 9000-0164,
Contractor Business Ethics Compliance Program and Disclosure
Requirements; and OMB Control No. 9000-0183, Preventing Personal
Conflicts of Interest for Contractor Employees Performing Acquisition
Functions.
DoD, GSA and NASA analyzed the FY 2016 data from the Federal
Procurement Data System (FPDS) to develop the estimated burden hours
for this information collection.
This information collection requirement pertains to information
that an offeror contractor must submit in response to the requirements
of the following provisions and clauses in FAR 52.203:
1. Certification of Independent Price Determination (FAR 52.203-2).
This clause requires the offeror to certify that the prices in the
offer have been arrived at independently. Agencies are required to
report under 41 U.S.C. 3101 (formerly 41 U.S.C. 252(b)(i)) and 10
U.S.C. 2305(d) suspected violations of the antitrust laws (e.g.,
collusive bidding, identical bids, uniform estimating systems, etc.) to
the Attorney General.
As a first step in assuring that Government contracts are not
awarded to firms violating such antitrust laws, offerors on Government
contracts must complete the certificate of independent price
determination. An offer will not be considered for award where the
certificate has been deleted or modified. Deletions or modifications of
the certificate and suspected false certificates are reported to the
Attorney General (see FAR 3.103-2 Evaluating the Certification).
The information collection is required each time an offeror
responds to a solicitation for firm-fixed price contract or fixed-price
economic price adjustment contract unless the acquisition is: (1) Made
under the simplified acquisition threshold; (2) at the request for
technical proposals under two-step sealed bidding procedures; or (3)
for utility services for which rates are set by law or regulation. The
FAR rule requires a Certificate of Independent Price Determination so
that contractors certify that the prices in their offer have been
arrived at independently, have not been or will
[[Page 2781]]
not be knowingly disclosed, and have not been submitted for the purpose
of restricting competition. This clause does not apply to commercial
items.
2. Contractor Code of Business Ethics and Conduct (FAR 52.203-13).
This clause implements Government policy and Public Law 110-252, Title
VI (Close the Contractor Fraud Loophole Act). It requires contractors
to notify the respective agency Office of Inspector General when the
contractor has credible evidence that the contractor's principal,
employee, agent, or subcontractor committed a violation of certain
Federal criminal laws, or a violation of the Civil False Claims Act.
The objective of the notification requirement is to emphasize the
critical importance of integrity in contracting and reduce the
occurrence of improper or criminal conduct in connection with the award
and performance of Federal contracts and subcontracts. Information
obtained from the notification requirements will be provided to the
agency Inspector General by the contractor.
3. Preventing Personal Conflicts of Interest (FAR 52.203-16). In
accordance with 41 U.S.C. 2303, this clause requires contractors and
subcontractors to: (a) Identify and prevent personal conflicts of
interest of their covered employees; and (b) prohibit covered employees
who have access to non-public information by reason of performance on a
Government contract from using such information for personal gain.
Contractors are required to notify contracting officers whenever they
become aware of any personal conflict of interest violations by a
covered employee. The objective of the notification requirement is to
emphasize the critical importance of integrity in contracting and
reduce the occurrence of improper or criminal conduct in connection
with the award and performance of Federal contracts and subcontracts.
Information obtained from the notification requirements will be
provided to the agency Inspector General by the contractor. In
addition, contractors have the opportunity, in exceptional
circumstances, to request mitigation or waiver of the personal
conflict-of-interest standards. The information is used by the
Government to evaluate the requested mitigation/waiver.
The information provided to and by contractors in accordance with
the clause at FAR 52.203-16 is used by the contractor and the
contracting officer to identify and mitigate personal conflicts of
interest in compliance with Government policy to (a) identify and
prevent personal conflicts of interest of covered employees; and (b)
prohibit covered employees who have access to non-public information by
reason of performance on a Government contract from using such
information for personal gain (FAR 3.1102). A notice was published in
the Federal Register at 82 FR 40582 on August 25, 2017. No comments
were received.
B. Annual Reporting Burden
1. Certification of Independent Price Determination (FAR 52.203-2).
Respondents: 24,270.
Responses annually: 30.
Total annual responses: 721,200.
Estimated hrs/response: .25.
Estimated total burden/hrs: 180,300.
2. Contractor Code of Business Ethics and Conduct (FAR 52.203-13).
Respondents: 278.
Responses per respondent: 1.
Total annual responses: 278.
Preparation hours per response: 60.
Total response burden hours: 16,680.
3. Preventing Personal Conflicts of Interest (FAR 52.203-16).
Respondents: 120.
Responses per respondent: 1.
Total responses: 120.
Burden hours per response: 30.
Total response burden hours: 3,600.
Recordkeeping burden:
Number of recordkeepers: 8,598.
Records per recordkeeper per year: 25.
Total annual records: 214,950.
Estimated hours per record: 2.0.
Total recordkeeping burden hours: 429,900.
4. Total (counting recordkeepers with respondents)
Recordkeepers and respondents: 33,266.
Responses: 721,598.
Hours (reporting and recordkeeping): 707,862.
C. Public Comments
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.
Obtaining Copies of Proposals: Requesters may obtain a copy of the
information collection documents from the General Services
Administration, Regulatory Secretariat Division (MVCB), 1800 F Street
NW, Washington, DC 20405, telephone 202-501-4755.
Please cite OMB Control No. 9000-0018, Certification of Independent
Price Determination, Contractor Code of Business Ethics and Compliance,
and Preventing Personal Conflicts of Interest, in all correspondence.
Dated: January 16, 2018.
Lorin S. Curit,
Director, Federal Acquisition Policy Division, Office of Government-
Wide Acquisition Policy, Office of Acquisition Policy, Office of
Government-Wide Policy.
[FR Doc. 2018-00934 Filed 1-18-18; 8:45 am]
BILLING CODE 6820-EP-P
