Information Collection; FAR Part 9 Responsibility Matters, 24523-24525 [2019-11007]

Agencies

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

[Federal Register Volume 84, Number 102 (Tuesday, May 28, 2019)]
[Notices]
[Pages 24523-24525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11007]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0193; Docket No. 2019-0003; Sequence No. 22]


Information Collection; FAR Part 9 Responsibility Matters

AGENCY: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, and 
the Office of Management and Budget (OMB) regulations, DoD, GSA, and 
NASA invite the public to comment on a revision and renewal concerning 
the responsibility of prospective contractors. OMB has approved this 
information collection for use through August 31, 2019. DoD, GSA, and 
NASA propose that OMB extend its approval for use for three additional 
years beyond the current expiration date.

DATES: DoD, GSA, and NASA will consider all comments received by July 
29, 2019.

ADDRESSES: The FAR Council invites interested persons to submit 
comments on this collection by either 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 https://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: Lois 
Mandell/IC 9000-0193, FAR Part 9 Responsibility Matters.
    Instructions: All items submitted must cite Information Collection 
9000-0193, FAR Part 9 Responsibility Matters. 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). This information collection is pending at the FAR 
Council. The Council will submit it to OMB within 60 days from the date 
of this notice.

FOR FURTHER INFORMATION CONTACT: Ms. Mahruba Uddowla, Procurement 
Analyst, at telephone 703-605-2868, or [email protected].

SUPPLEMENTARY INFORMATION: 

A. Overview of Information Collection

Description of Information Collection

    1. OMB number: 9000-0193.
    2. Title, and any Associated Form(s): FAR Part 9 Responsibility 
Matters.

[[Page 24524]]

    3. Type of Information Collection: Revision/Renewal of a currently 
approved collection.

Solicitation of Public Comment

    Written comments and suggestions from the public should address one 
or more of the following four points:
    (1) Evaluate whether the collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.

B. Purpose

    DoD, GSA, and NASA are in the process of combining OMB Control Nos. 
for the Federal Acquisition Regulation (FAR) by FAR part. This 
consolidation is expected to improve industry's ability to easily and 
efficiently identify all burdens associated with a given FAR part. The 
review of the information collections by FAR part allows improved 
oversight to ensure there is no redundant or unaccounted for burden 
placed on the public. Lastly, combining information collections in a 
given FAR part is also expected to reduce the administrative burden 
associated with reviewing, processing, or commenting on multiple 
information collections.
    This justification supports renewal of OMB Control No. 9000-0193 
and combines it with the previously approved information collections 
OMB Control No(s). 9000-0094, with the new title ``FAR Part 9 
Responsibility Matters''. Upon approval of this consolidated 
information collection, OMB Control No(s). 9000-0094 will be 
discontinued. The burden requirements previously approved under the 
discontinued Number(s) will be covered under OMB Control No. 9000-0193.
    This clearance covers the information that offerors and contractors 
must submit to comply with the following FAR requirements:
    1. Prohibition on Contracting With Corporations with Delinquent 
Taxes or a Felony Conviction (FAR 52.209-11, 52.209-12, and 52.212-
3(q)). FAR provision 52.209-11, Representation by Corporations 
Regarding Delinquent Tax Liability or a Felony Conviction under any 
Federal Law, and its equivalent for commercial acquisitions at FAR 
provision 52.212-3(q), implement sections 744 and 745 of Division E of 
the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. 
L. 113-235). Sections 744 and 745 prohibit agencies from entering into 
a contract with any corporation with any delinquent Federal tax 
liability or a felony conviction, unless the agency has considered 
suspension or debarment of the corporation and has made a determination 
that this further action is not necessary to protect the interests of 
the Government.
    FAR provision 52.209-12, Certification Regarding Tax Matters, 
implements section 523 of the Commerce, Justice, Science, and Related 
Agencies Appropriations Act, 2015 (Division B) and the same provision 
in subsequent appropriations acts. Agencies funded by these acts 
include the Department of Commerce, the Department of Justice, NASA, as 
well as some smaller agencies. This section prohibits award of any 
contract in an amount greater than $5,000,000 by those covered 
agencies, unless the offeror affirmatively certifies that it has filed 
all Federal tax returns required during the three years preceding the 
certification; has not been convicted of a criminal offense under the 
Internal Revenue Code of 1986; and has not, more than 90 days prior to 
certification, been notified of any unpaid Federal tax assessment for 
which the liability remains unsatisfied, unless the assessment is the 
subject of an installment agreement or offer in compromise that has 
been approved by the Internal Revenue Service and is not in default, or 
the assessment is the subject of a non-frivolous administrative or 
judicial proceeding.
    2. Debarment, Suspension, and Other Responsibility Matters (FAR 
52.209-5, 52.209-6, and 52.212-3(h)). The Competition in Contracting 
Act of 1984 requires that contract awards be made to responsible 
prospective contractors only. To be determined responsible, a 
prospective contractor must meet a series of general standards. The 
standards include having a satisfactory record of integrity and 
business ethics, and being otherwise qualified and eligible to receive 
an award under applicable laws and regulations. FAR provision 52.209-5, 
Certification Regarding Responsibility Matters, and its equivalent for 
commercial acquisitions at FAR provision 52.212-3(h), require the 
disclosure of certain critical factors by an offeror to be considered 
by the contracting officer in making a responsibility determination. 
These critical factors, e.g. suspended, debarred, criminal offense 
conviction, etc, determine whether the offeror is eligible for an 
award. The provision also requires offerors to provide immediate 
written notice to the contracting officer if, at any time prior to 
contract award, the offeror learns that its certification was erroneous 
when submitted or has become erroneous by reason of changed 
circumstances.
    FAR clause 52.209-6, Protecting the Government's Interest When 
Subcontracting with Contractor's Debarred, Suspended, or Proposed for 
Debarment, similarly ensures that the Government deals with responsible 
subcontractors. Paragraph (b) of 52.209-6 prohibits contractors from 
entering into any subcontract in excess of $35,000 with a subcontractor 
that is debarred, suspended, or proposed for debarment by any executive 
agency unless there is a compelling reason to do so. Paragraph (c) of 
the clause requires the contractor to require each proposed 
subcontractor whose subcontract will exceed $35,000, to disclose to the 
contractor in writing, whether as of the time of award of the 
subcontract, the subcontractor, or its principals, is or is not 
debarred, suspended, or proposed for debarment by the Government. 
Paragraph (d) of clause requires that before entering into a 
subcontract with a party that is debarred, suspended, or proposed for 
debarment, a corporate officer or designee of the contractor must 
notify the contracting officer, in writing, of the name of the 
subcontractor; why the subcontractor is debarred, suspended, or 
ineligible; the compelling reason(s) for doing business with the 
subcontractor; and how the contractor will protect the Government's 
interests when dealing with such subcontractor. For any subcontract 
subject to Government consent, contracting officers shall not consent 
to such subcontracts, unless the agency head or a designee states in 
writing the compelling reasons for approving such subcontract.
    3. Information Regarding Responsibility Matters and Updates to That 
Publicly Available Information (FAR 52.209-7 and 52.209-9). Section 872 
of the Duncan Hunter National Defense Authorization Act of 2009 (Pub. 
L. 110-417), enacted on October 14, 2008, required the development and 
maintenance of an information system that contains specific information 
on the integrity and performance of covered Federal agency contractors 
and grantees.

[[Page 24525]]

The Federal Awardee Performance and Integrity Information System 
(FAPIIS) was developed to address these requirements. FAPIIS provides 
users access to integrity and performance information from the FAPIIS 
reporting module in the Contractor Performance Assessment Reporting 
System (CPARS), as well as proceedings information and suspension/
debarment information from SAM. FAR provision 52.209-7, Information 
Regarding Responsibility Matters, requires information that is 
necessary to: (1) Determine the responsibility of prospective 
contractors; and (2) ensure that contractors maintain for accuracy and 
completeness, their integrity and performance information upon which 
responsibility determinations rely. Paragraph (b) of the provision 
contains a check box to be completed by the offeror indicating whether 
or not it has current active Federal contracts and grants with total 
value greater than $10,000,000. Paragraph (c) of the provision states 
that, if the offeror indicated in paragraph (b) that it has current 
active Federal contracts and grants with total value greater than 
$10,000,000, then, by submission of the offer, the offeror represents 
that the information entered into FAPIIS is current, accurate, and 
complete as of the date of submission of the offer.
    FAR clause 52.209-9, Updates of Publicly Available Information 
Regarding Responsibility Matters, implements the requirement to keep 
FAPIIS up-to-date and the requirement of section 3010 of the 
Supplemental Appropriations Act, 2010 (Pub. L. 111-212), to make all 
information posted in FAPIIS on or after April 15, 2011, except past 
performance reviews, publicly available. Paragraph (a) of the clause at 
52.209-9 requires the contractor to update responsibility information 
on a semiannual basis, throughout the life of the contract, by posting 
the information in SAM. Paragraph (c) of the clause lets contractors 
know of their ability to provide feedback on information posted by the 
Government in FAPIIS and the procedure to follow in the event 
information exempt from public disclosure is slated to become publicly 
available information in FAPIIS.
    4. Prohibition on Contracting with Inverted Domestic Corporations 
(FAR 52.209-2, 52.209-10, and 52.212-3(n)). Section 745 of Division D 
of the Consolidated Appropriations Act, 2008 (Pub. L. 110-161) and its 
successor provisions in subsequent appropriations acts (and as extended 
in continuing resolutions) prohibit, on a Governmentwide basis, the use 
of appropriated (or otherwise made available) funds for contracts with 
either an inverted domestic corporation, or a subsidiary of such a 
corporation.
    FAR provision 52.209-2,Prohibition on Contracting with Inverted 
Domestic Corporations-Representation, and its equivalent for commercial 
acquisitions at FAR provision 52.212-3(n), requires each offeror to 
represent whether it is, or is not, an inverted domestic corporation or 
a subsidiary of an inverted domestic corporation.
    FAR clause 52.209-10, Prohibition on Contracting with Inverted 
Domestic Corporations, requires the contractor to promptly notify the 
contracting officer in the event the contractor becomes an inverted 
domestic corporation or a subsidiary of an inverted domestic 
corporation during the period of performance of the contract.

C. Annual Reporting Burden

    Respondents/Recordkeepers: 1,333,801. (1,328,450 respondents + 
5,351 recordkeepers).
    Total Annual Responses: 1,437,826.4.
    Total Burden Hours: 1,511,005. (975,905 reporting hours + 535,100 
recordkeeping hours).
    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-
0193, FAR Part 9 Responsibility Matters, in all correspondence.

    Dated: May 21, 2019.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2019-11007 Filed 5-24-19; 8:45 am]
 BILLING CODE 6820-EP-P