Submission for OMB Review; Subcontract Consent and Contractors' Purchasing System Review, 62321-62322 [2018-26165]

Download as PDF Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than December 19, 2018. A. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198–0001: 1. Jane Chance, Fowler, Kansas, Trustee of the Lynn and Jane Chance Revocable Trust; to acquire voting shares of FSB Bankshares, Inc., and thereby indirectly acquire Fowler State Bank, Fowler, Kansas. Board of Governors of the Federal Reserve System, November 28, 2018. Yao-Chin Chao, Assistant Secretary of the Board. [FR Doc. 2018–26192 Filed 11–30–18; 8:45 am] BILLING CODE P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0149; Docket No. 2018–0003; Sequence No. 16] Submission for OMB Review; Subcontract Consent and Contractors’ Purchasing System Review Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice. 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 consent to subcontract, advance notification, and Contractors’ purchasing system review. DATES: Submit comments on or before January 2, 2019. ADDRESSES: Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this khammond on DSK30JT082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:52 Nov 30, 2018 Jkt 247001 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: • Federal eRulemaking Portal: This website provides the ability to type short comments directly into the comment field or attach a file for lengthier comments. Go to http:// www.regulations.gov and follow the instructions on the site. • Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405. ATTN: Ms. Mandell/IC 9000–0149, Subcontract Consent and Contractors’ Purchasing System Review. Instructions: All items submitted must cite Information Collection 9000– 0149, Subcontract Consent and Contractors’ Purchasing System Review. Comments received generally will be posted without change to http:// 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. Mahruba Uddowla, Procurement Analyst, at telephone 703–605–2868, or email mahruba.uddowla@gsa.gov. SUPPLEMENTARY INFORMATION: A. Purpose This information collection requirement, OMB Control No. 9000– 0149, currently titled ‘‘Subcontract Consent,’’ is proposed to be retitled ‘‘Subcontract Consent and Contractors’ Purchasing System Review,’’ due to consolidation with currently approved information collection requirement OMB Control No. 9000–0132, Contractors’ Purchasing System Review. This clearance covers the information that a contractor must submit to comply with the requirements in Federal Acquisition Regulation (FAR) 52.244–2, Subcontracts, regarding consent to subcontract, advance notification, and Contractors’ purchasing system review as follows: 1. Consent to subcontract. This is the contracting officer’s written consent for the prime contractor to enter into a particular subcontract. In order for the contracting officer responsible for consent to make an informed decision, the prime contractor must submit adequate information to ensure that the PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 62321 proposed subcontract is appropriate for the risks involved and consistent with current policy and sound business judgment. The review allows the Government to determine whether the contractor’s purchasing policies and practices are efficient and adequately protect the Government’s interests. If the contractor has an approved purchasing system, consent is required for subcontracts specifically identified by the contracting officer in the subcontracts clause of the contract. The contracting officer may require consent to subcontract if the contracting officer has determined that an individual consent action is required to protect the Government adequately because of the subcontract type, complexity, or value, or because the subcontract needs special surveillance. These can be subcontracts for critical systems, subsystems, components, or services. If the contractor does not have an approved purchasing system, consent to subcontract is required for costreimbursement, time-and-materials, labor-hour, or letter contracts, and also for unpriced actions under fixed-price contracts that exceed the simplified acquisition threshold. 2. Advance notification. Prime contractors must provide contracting officers notification before the award of any cost-plus-fixed-fee subcontract, or certain fixed-price subcontracts. This requirement for advance notification is driven by statutory requirements in 10 U.S.C. 2306 and 41 U.S.C. 3905. 3. Contractors’ Purchasing System Review. The objective of a contractor purchasing system review (CPSR), is to evaluate the efficiency and effectiveness with which a contractor spends Government funds and complies with Government policy when subcontracting. Paragraph (i) of FAR clause 52.244–2 specifies that the Government reserves the right to review the contractor’s purchasing system as set forth in FAR subpart 44.3. FAR 44.302 requires the administrative contracting officer (ACO) to determine the need for a CPSR based on, but not limited to, the past performance of the contractor, and the volume, complexity and dollar value of subcontracts. If a contractor’s sales to the Government (excluding competitively awarded firm-fixed-price and competitively awarded fixed-price with economic price adjustment contracts and sales of commercial items pursuant to Part 12) are expected to exceed $25 million during the next 12 months, the ACO will perform a review to determine if a CPSR is needed. Sales include those represented by prime contracts, subcontracts under E:\FR\FM\03DEN1.SGM 03DEN1 62322 Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices khammond on DSK30JT082PROD with NOTICES Government prime contracts, and modifications. Generally, a CPSR is not performed for a specific contract. The head of the agency responsible for contract administration may raise or lower the $25 million review level if it is considered to be in the Government’s best interest. Once an initial determination has been made to conduct a review, at least every three years the ACO shall determine whether a purchasing system review is necessary. If necessary, the cognizant contract administration office will conduct a purchasing system review. A CPSR provides the administrative contracting officer (ACO) a basis for granting, withholding, or withdrawing approval of a contractor’s purchasing system. An approved purchasing system allows the contractor more autonomy in subcontracting actions. Without an approved purchasing system more Government oversight is necessary, and Government consent to subcontract is required. Generally, a CPSR is not performed for a specific contract. Rather, CPSRs are conducted on contractors based on the factors identified above. The cognizant ACO is responsible for granting, withholding, or withdrawing approval of a contractor’s purchasing system and for promptly notifying the contractor of same (FAR 44.305–1). Related administrative requirements are as follows: FAR 44.305–2(c) requires that when recommendations are made for improvement of an approved system, the contractor shall be requested to reply within 15 days with a position regarding the recommendations. FAR 44.305–3(b) requires when approval of the contractor’s purchasing system is withheld or withdrawn, the ACO shall within 10 days after completing the inplant review (1) inform the contractor in writing, (2) specify the deficiencies that must be corrected to qualify the system for approval, and (3) request the contractor to furnish within 15 days a plan for accomplishing the necessary actions. If the plan is accepted, the ACO shall make a follow-up review as soon as the contractor notifies the ACO that the deficiencies have been corrected. B. Public Comment A notice was published in the Federal Register at 83 FR 42651, on August 23, 2018. No comments were received. C. Annual Reporting Burden The burden estimates provided in the notice published in the Federal Register at 83 FR 42651, on August 23, 2018, have been adjusted to reflect current, relevant data and appropriate methodology. VerDate Sep<11>2014 16:52 Nov 30, 2018 Jkt 247001 1. Consent to subcontract. Respondents: 2,053. Responses per Respondent: 3. Total Annual Responses: 6,159. Hours per Response: 3. Total Burden Hours: 18,477. 2. Advance notification. Respondents: 1,336. Responses per Respondent: 3. Total Annual Responses: 4,008. Hours per Response: 0.25. Total Burden Hours: 1,002. 3. Contractors’ Purchasing System Review. Respondents: 240. Responses per Respondent: 1. Total Annual Responses: 240. Hours per Response: 160. Total Burden Hours: 38,400. 4. Summary. Respondents: 3,629. Total Annual Responses: 10,407. Total Burden Hours: 57,879. Affected Public: Businesses or other for-profit and not-for-profit institutions. Obtaining Copies: 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. 9000–0149, Subcontract Consent and Contractors’ Purchasing System Review, in all correspondence. Dated: November 27, 2018. Janet Fry, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2018–26165 Filed 11–30–18; 8:45 am] BILLING CODE 6820–EP–P GENERAL SERVICES ADMINISTRATION [Notice–PBS–2018–14; Docket No. 2018– 0002; Sequence No. 33] Notice of Availability of a Draft Supplemental Environmental Impact Statement for the New U.S. Land Port of Entry in Madawaska, Maine and Madawaska-Edmundston International Bridge Project Public Buildings Service (PBS), General Services Administration (GSA); Federal Highway Administration (FHWA); Maine Department of Transportation (MaineDOT). ACTION: Notice of availability. AGENCY: Pursuant to the requirements of the National Environmental Policy Act of 1969 (NEPA), the Council on Environmental Quality Regulations, the SUMMARY: PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 GSA Public Buildings Service NEPA Desk Guide, and the FHWA Policy Guide, GSA, PBS, the Federal Highway Administration (FHWA), and MaineDOT, in cooperation with the U.S. Coast Guard and in coordination with the U.S. Customs and Border Protection (CBP), announce the availability of a Draft Supplemental Environmental Impact Statement (DSEIS) assessing the potential impacts of a proposed new U.S. Land Port of Entry (LPOE) in Madawaska, Maine and an International Bridge project between Madawaska and Edmundston, New Brunswick, Canada (the ‘‘Proposed Action’’). DATES: The GSA, FHWA, and MaineDOT will host a public hearing on Wednesday, December 12, 2018. ADDRESSES: Madawaska High School gymnasium at 135 7th Avenue, Madawaska, Maine 04756, at 6:30 p.m. EST (Eastern Standard Time). The evening of the public hearing will consist of an open house to view displays beginning at 6:00 p.m., a brief presentation beginning at 6:30 p.m., followed by an opportunity to provide comments on the contents of the DSEIS. Interested parties are encouraged to attend and provide written comments by Thursday, January 31, 2019. Written comments can be submitted by the following methods: • Regulations.gov: http:// www.regulations.gov (http:// www.regulations.gov). Submit comments via the Federal eRulemaking portal by searching the Notice number or ‘‘New U.S. Land Port of Entry in Madawaska, Maine and MadawaskaEdmundston International Bridge Project.’’ Select the link ‘‘Comment Now’’ that corresponds with ‘‘Notice of Availability of a Draft Supplemental Environmental Impact Statement for the New U.S. Land Port of Entry in Madawaska, Maine and MadawaskaEdmundston International Bridge Project’’ on your attached document. • Postal Mail or Email: Ms. Alexas Kelly, Project Manager, GSA, 10 Causeway Street, 11th Floor, Boston, MA 02222, or alexandria.kelly@gsa.gov. • Postal Mail: Ms. Cheryl Martin, Assistant Division Administrator, FHWA, Edmund S. Muskie Federal Building, 40 Western Avenue, Room 614, Augusta, ME 04330. FOR FURTHER INFORMATION CONTACT: Alexas Kelly, Project Manager, GSA, New England Region, by phone at 617– 549–8190 or by email at alexandria.kelly@gsa.gov. Please also call this number if special assistance is needed to attend and participate in the public hearing. E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Notices]
[Pages 62321-62322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26165]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0149; Docket No. 2018-0003; Sequence No. 16]


Submission for OMB Review; Subcontract Consent and Contractors' 
Purchasing System Review

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 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 consent to subcontract, advance notification, and 
Contractors' purchasing system review.

DATES: Submit comments on or before January 2, 2019.

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:
     Federal eRulemaking Portal: This website provides the 
ability to type short comments directly into the comment field or 
attach a file for lengthier comments. Go to http://www.regulations.gov 
and follow the instructions on the site.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405. 
ATTN: Ms. Mandell/IC 9000-0149, Subcontract Consent and Contractors' 
Purchasing System Review.
    Instructions: All items submitted must cite Information Collection 
9000-0149, Subcontract Consent and Contractors' Purchasing System 
Review.
    Comments received generally will be posted without change to http://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. Mahruba Uddowla, Procurement 
Analyst, at telephone 703-605-2868, or email [email protected].

SUPPLEMENTARY INFORMATION: 

A. Purpose

    This information collection requirement, OMB Control No. 9000-0149, 
currently titled ``Subcontract Consent,'' is proposed to be retitled 
``Subcontract Consent and Contractors' Purchasing System Review,'' due 
to consolidation with currently approved information collection 
requirement OMB Control No. 9000-0132, Contractors' Purchasing System 
Review.
    This clearance covers the information that a contractor must submit 
to comply with the requirements in Federal Acquisition Regulation (FAR) 
52.244-2, Subcontracts, regarding consent to subcontract, advance 
notification, and Contractors' purchasing system review as follows:
    1. Consent to subcontract. This is the contracting officer's 
written consent for the prime contractor to enter into a particular 
subcontract. In order for the contracting officer responsible for 
consent to make an informed decision, the prime contractor must submit 
adequate information to ensure that the proposed subcontract is 
appropriate for the risks involved and consistent with current policy 
and sound business judgment. The review allows the Government to 
determine whether the contractor's purchasing policies and practices 
are efficient and adequately protect the Government's interests.
    If the contractor has an approved purchasing system, consent is 
required for subcontracts specifically identified by the contracting 
officer in the subcontracts clause of the contract. The contracting 
officer may require consent to subcontract if the contracting officer 
has determined that an individual consent action is required to protect 
the Government adequately because of the subcontract type, complexity, 
or value, or because the subcontract needs special surveillance. These 
can be subcontracts for critical systems, subsystems, components, or 
services.
    If the contractor does not have an approved purchasing system, 
consent to subcontract is required for cost-reimbursement, time-and-
materials, labor-hour, or letter contracts, and also for unpriced 
actions under fixed-price contracts that exceed the simplified 
acquisition threshold.
    2. Advance notification. Prime contractors must provide contracting 
officers notification before the award of any cost-plus-fixed-fee 
subcontract, or certain fixed-price subcontracts. This requirement for 
advance notification is driven by statutory requirements in 10 U.S.C. 
2306 and 41 U.S.C. 3905.
    3. Contractors' Purchasing System Review. The objective of a 
contractor purchasing system review (CPSR), is to evaluate the 
efficiency and effectiveness with which a contractor spends Government 
funds and complies with Government policy when subcontracting.
    Paragraph (i) of FAR clause 52.244-2 specifies that the Government 
reserves the right to review the contractor's purchasing system as set 
forth in FAR subpart 44.3. FAR 44.302 requires the administrative 
contracting officer (ACO) to determine the need for a CPSR based on, 
but not limited to, the past performance of the contractor, and the 
volume, complexity and dollar value of subcontracts. If a contractor's 
sales to the Government (excluding competitively awarded firm-fixed-
price and competitively awarded fixed-price with economic price 
adjustment contracts and sales of commercial items pursuant to Part 12) 
are expected to exceed $25 million during the next 12 months, the ACO 
will perform a review to determine if a CPSR is needed. Sales include 
those represented by prime contracts, subcontracts under

[[Page 62322]]

Government prime contracts, and modifications. Generally, a CPSR is not 
performed for a specific contract. The head of the agency responsible 
for contract administration may raise or lower the $25 million review 
level if it is considered to be in the Government's best interest. Once 
an initial determination has been made to conduct a review, at least 
every three years the ACO shall determine whether a purchasing system 
review is necessary. If necessary, the cognizant contract 
administration office will conduct a purchasing system review.
    A CPSR provides the administrative contracting officer (ACO) a 
basis for granting, withholding, or withdrawing approval of a 
contractor's purchasing system. An approved purchasing system allows 
the contractor more autonomy in subcontracting actions. Without an 
approved purchasing system more Government oversight is necessary, and 
Government consent to subcontract is required. Generally, a CPSR is not 
performed for a specific contract. Rather, CPSRs are conducted on 
contractors based on the factors identified above.
    The cognizant ACO is responsible for granting, withholding, or 
withdrawing approval of a contractor's purchasing system and for 
promptly notifying the contractor of same (FAR 44.305-1).
    Related administrative requirements are as follows: FAR 44.305-2(c) 
requires that when recommendations are made for improvement of an 
approved system, the contractor shall be requested to reply within 15 
days with a position regarding the recommendations. FAR 44.305-3(b) 
requires when approval of the contractor's purchasing system is 
withheld or withdrawn, the ACO shall within 10 days after completing 
the in-plant review (1) inform the contractor in writing, (2) specify 
the deficiencies that must be corrected to qualify the system for 
approval, and (3) request the contractor to furnish within 15 days a 
plan for accomplishing the necessary actions. If the plan is accepted, 
the ACO shall make a follow-up review as soon as the contractor 
notifies the ACO that the deficiencies have been corrected.

B. Public Comment

    A notice was published in the Federal Register at 83 FR 42651, on 
August 23, 2018. No comments were received.

C. Annual Reporting Burden

    The burden estimates provided in the notice published in the 
Federal Register at 83 FR 42651, on August 23, 2018, have been adjusted 
to reflect current, relevant data and appropriate methodology.
    1. Consent to subcontract.
    Respondents: 2,053.
    Responses per Respondent: 3.
    Total Annual Responses: 6,159.
    Hours per Response: 3.
    Total Burden Hours: 18,477.
    2. Advance notification.
    Respondents: 1,336.
    Responses per Respondent: 3.
    Total Annual Responses: 4,008.
    Hours per Response: 0.25.
    Total Burden Hours: 1,002.
    3. Contractors' Purchasing System Review.
    Respondents: 240.
    Responses per Respondent: 1.
    Total Annual Responses: 240.
    Hours per Response: 160.
    Total Burden Hours: 38,400.
    4. Summary.
    Respondents: 3,629.
    Total Annual Responses: 10,407.
    Total Burden Hours: 57,879.
    Affected Public: Businesses or other for-profit and not-for-profit 
institutions.
    Obtaining Copies: 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-
0149, Subcontract Consent and Contractors' Purchasing System Review, in 
all correspondence.

    Dated: November 27, 2018.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2018-26165 Filed 11-30-18; 8:45 am]
 BILLING CODE 6820-EP-P