Submission for OMB Review; Indirect Cost Rates, Predetermined Indirect Cost Rates, and Bankruptcy Notifications, 38983-38984 [2019-16975]
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Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Notices
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.
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
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16:51 Aug 07, 2019
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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
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38983
subsidiary of an inverted domestic
corporation during the period of
performance of the contract.
C. Annual 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).
D. Public Comment
A 60-day notice published in the
Federal Register at 84 FR 24523 on May
28, 2019. No comments were received.
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.
Janet Fry,
Director, Federal Acquisition Policy Division,
Office of Governmentwide Acquisition Policy,
Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2019–16976 Filed 8–7–19; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0069; Docket No.
2019–0003; Sequence No. 20]
Submission for OMB Review; Indirect
Cost Rates, Predetermined Indirect
Cost Rates, and Bankruptcy
Notifications
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 has
submitted to the Office of Management
and Budget (OMB) a request to review
and approve a revision and renewal of
a previously approved information
collection requirement regarding
indirect cost rates, predetermined
indirect cost rates, and bankruptcy
notifications.
SUMMARY:
E:\FR\FM\08AUN1.SGM
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38984
Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Notices
Submit comments on or before
September 9, 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 or at
Oira_submission@omb.eop.gov.
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 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 9000–0069, Indirect Cost
Rates, Predetermined Indirect Cost
Rates, and Bankruptcy Notifications.
Instructions: All items submitted
must cite Information Collection 9000–
0069, Indirect Cost Rates,
Predetermined Indirect Cost Rates, and
Bankruptcy Notifications. 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:
Zenaida Delgado, Procurement Analyst,
at telephone 202–969–7207, or
zenaida.delgado@gsa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
A. OMB Control Number, Title, and
Any Associated Form(s)
9000–0069, Indirect Cost Rates,
Predetermined Indirect Cost Rates, and
Bankruptcy Notifications.
jbell on DSK3GLQ082PROD with NOTICES
B. Needs and Uses
The Federal Acquisition Regulatory
Council is in the process of combining
OMB Control Numbers for the Federal
Acquisition Regulation (FAR) by FAR
part to the maximum practicable extent.
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
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16:51 Aug 07, 2019
Jkt 247001
unaccounted for burden placed on
industry. Lastly, combining information
collections in a given FAR part is also
expected to reduce the administrative
burden associated with processing
multiple information collections.
This justification supports revision
and extension of the expiration date of
OMB Control No. 9000–0069 and
combines it with the previously
approved information collection OMB
Control No. 9000–0108, with the new
title ‘‘Indirect Cost Rates, Predetermined
Indirect Cost Rates, and Bankruptcy
Notifications’’. Upon approval of this
consolidated information collection,
OMB Control No. 9000–0108 will be
discontinued. The burden requirements
previously approved under the
discontinued Number will be covered
under OMB Control No. 9000–0069.
This clearance covers the information
that contractors must submit to comply
with the following FAR requirements:
1. 52.216–7, Allowable Cost and
Payment, paragraph (d), requires that
final annual indirect cost rates and the
appropriate bases shall be established in
accordance with FAR subpart 42.7.
These rates are used, in part, in cost
reimbursement contracts, time and
materials contracts (other than for
commercial items and not for labor-hour
contracts), and for certain types of fixed
price contracts construction contracts.
The clause requires the contractor to
submit an adequate final indirect cost
rate proposal to the contracting officer
and the auditor within the 6-month
period following the expiration of each
of its fiscal years. The proposed rates
shall be based on the contractor’s actual
cost experience for that period. This
clause provides a list of the data
required to be submitted. The data is
customary business financial
information that the contractor can
access from its automated business
systems.
2. 52.216–15, Predetermined Indirect
Cost Rates, used in solicitations and
contracts for a cost-reimbursement
research and development contract with
an educational institution and addresses
how the allowable indirect costs under
the contract shall be obtained by
applying predetermined indirect costs
to bases agreed by the parties. This
clause repeats the requirement in FAR
52.216–7, paragraph (d), for the
contractor to submit an adequate final
indirect cost rate proposal, however it
does not impose any additional
reporting requirements.
3. 52.242–4, Certification of Final
Indirect Costs, requires the contractor’s
proposal of final indirect cost rates to be
certified to establish or modify the rates
used to reimburse the contractor for the
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Fmt 4703
Sfmt 4703
costs of performing under the contract.
The supporting cost data are the cost
accounting information normally
prepared by organizations under sound
management and accounting practices.
This clause is incorporated into all
solicitations and contracts, except for
the Department of Energy Management
and Operating contracts, that provide
for establishment of final indirect cost
rates.
4. 52.242–13, Bankruptcy. This clause
requires contractors to notify the
contracting officer within five days after
initiating the proceedings relating to
bankruptcy filing.
C. Annual Burden
Respondents: 6,145.
Total Annual Responses: 6,145.
Total Burden Hours: 1,578,868.
D. Public Comment
A 60-day notice was published in the
Federal Register at 84 FR 25277, on
May 31, 2019. No comments were
received.
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–
0069, Indirect Cost Rates,
Predetermined Indirect Cost Rates, and
Bankruptcy Notifications, in all
correspondence.
Janet Fry,
Director, Federal Acquisition Policy Division,
Office of Governmentwide Acquisition Policy,
Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2019–16975 Filed 8–7–19; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Agency for Healthcare Research and
Quality
Agency Information Collection
Activities: Proposed Collection;
Comment Request
Agency for Healthcare Research
and Quality, HHS.
ACTION: Notice.
AGENCY:
This notice announces the
intention of the Agency for Healthcare
Research and Quality (AHRQ) to request
that the Office of Management and
Budget (OMB) reapprove the proposed
information collection project: ‘‘Medical
Expenditure Panel Survey—Insurance
Component.’’
SUMMARY:
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08AUN1
Agencies
[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Notices]
[Pages 38983-38984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16975]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0069; Docket No. 2019-0003; Sequence No. 20]
Submission for OMB Review; Indirect Cost Rates, Predetermined
Indirect Cost Rates, and Bankruptcy Notifications
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 has submitted to the Office of
Management and Budget (OMB) a request to review and approve a revision
and renewal of a previously approved information collection requirement
regarding indirect cost rates, predetermined indirect cost rates, and
bankruptcy notifications.
[[Page 38984]]
DATES: Submit comments on or before September 9, 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 or at [email protected]. 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 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 9000-0069, Indirect Cost Rates, Predetermined
Indirect Cost Rates, and Bankruptcy Notifications.
Instructions: All items submitted must cite Information Collection
9000-0069, Indirect Cost Rates, Predetermined Indirect Cost Rates, and
Bankruptcy Notifications. 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: Zenaida Delgado, Procurement Analyst,
at telephone 202-969-7207, or [email protected].
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and Any Associated Form(s)
9000-0069, Indirect Cost Rates, Predetermined Indirect Cost Rates,
and Bankruptcy Notifications.
B. Needs and Uses
The Federal Acquisition Regulatory Council is in the process of
combining OMB Control Numbers for the Federal Acquisition Regulation
(FAR) by FAR part to the maximum practicable extent. 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
industry. Lastly, combining information collections in a given FAR part
is also expected to reduce the administrative burden associated with
processing multiple information collections.
This justification supports revision and extension of the
expiration date of OMB Control No. 9000-0069 and combines it with the
previously approved information collection OMB Control No. 9000-0108,
with the new title ``Indirect Cost Rates, Predetermined Indirect Cost
Rates, and Bankruptcy Notifications''. Upon approval of this
consolidated information collection, OMB Control No. 9000-0108 will be
discontinued. The burden requirements previously approved under the
discontinued Number will be covered under OMB Control No. 9000-0069.
This clearance covers the information that contractors must submit
to comply with the following FAR requirements:
1. 52.216-7, Allowable Cost and Payment, paragraph (d), requires
that final annual indirect cost rates and the appropriate bases shall
be established in accordance with FAR subpart 42.7. These rates are
used, in part, in cost reimbursement contracts, time and materials
contracts (other than for commercial items and not for labor-hour
contracts), and for certain types of fixed price contracts construction
contracts. The clause requires the contractor to submit an adequate
final indirect cost rate proposal to the contracting officer and the
auditor within the 6-month period following the expiration of each of
its fiscal years. The proposed rates shall be based on the contractor's
actual cost experience for that period. This clause provides a list of
the data required to be submitted. The data is customary business
financial information that the contractor can access from its automated
business systems.
2. 52.216-15, Predetermined Indirect Cost Rates, used in
solicitations and contracts for a cost-reimbursement research and
development contract with an educational institution and addresses how
the allowable indirect costs under the contract shall be obtained by
applying predetermined indirect costs to bases agreed by the parties.
This clause repeats the requirement in FAR 52.216-7, paragraph (d), for
the contractor to submit an adequate final indirect cost rate proposal,
however it does not impose any additional reporting requirements.
3. 52.242-4, Certification of Final Indirect Costs, requires the
contractor's proposal of final indirect cost rates to be certified to
establish or modify the rates used to reimburse the contractor for the
costs of performing under the contract. The supporting cost data are
the cost accounting information normally prepared by organizations
under sound management and accounting practices. This clause is
incorporated into all solicitations and contracts, except for the
Department of Energy Management and Operating contracts, that provide
for establishment of final indirect cost rates.
4. 52.242-13, Bankruptcy. This clause requires contractors to
notify the contracting officer within five days after initiating the
proceedings relating to bankruptcy filing.
C. Annual Burden
Respondents: 6,145.
Total Annual Responses: 6,145.
Total Burden Hours: 1,578,868.
D. Public Comment
A 60-day notice was published in the Federal Register at 84 FR
25277, on May 31, 2019. No comments were received.
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. 9000-0069, Indirect Cost Rates,
Predetermined Indirect Cost Rates, and Bankruptcy Notifications, in all
correspondence.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide
Acquisition Policy, Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2019-16975 Filed 8-7-19; 8:45 am]
BILLING CODE 6820-EP-P