Submission for OMB Review; Indirect Cost Rates, Predetermined Indirect Cost Rates, and Bankruptcy Notifications, 38983-38984 [2019-16975]

Download as PDF jbell on DSK3GLQ082PROD with NOTICES 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 VerDate Sep<11>2014 16:51 Aug 07, 2019 Jkt 247001 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 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 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 08AUN1 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 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: 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 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: 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 VerDate Sep<11>2014 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 PO 00000 Frm 00058 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: E:\FR\FM\08AUN1.SGM 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]


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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 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: 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 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: 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