Procurement Administrative Lead Time (PALT), 3428-3429 [2020-00783]

Download as PDF 3428 Federal Register / Vol. 85, No. 13 / Tuesday, January 21, 2020 / Notices addition, a statutory license in section 112 allows a service to make necessary ephemeral reproductions to facilitate the digital transmission of the sound recording. 17 U.S.C. 112(e). Licensees may operate under these licenses provided they pay the royalty fees and comply with the terms set by the Copyright Royalty Judges. The rates and terms for the section 112 and 114 licenses are set forth in 37 CFR parts 380 and 382 through 384. As part of the terms for these licenses, the Judges designated SoundExchange, Inc., as the Collective, i.e., the organization charged with collecting royalty payments and statements of account submitted by eligible licensees and with distributing royalties to the copyright owners and performers entitled to receive them under the section 112 and 114 licenses. See, e.g., 37 CFR 380.2(a). As the Collective, SoundExchange may, only once a year, conduct an audit of a licensee for any or all of the prior three calendar years in order to verify royalty payments. SoundExchange must first file with the Judges a notice of intent to audit a licensee and deliver the notice to the licensee. See, e.g., 37 CFR 380.6(b)–(c). On December 20, 2019, SoundExchange filed with the Judges a notice of intent to audit commercial webcaster Spanish Broadcasting System, Inc., for the years 2016, 2017, and 2018. The Judges must publish notice in the Federal Register within 30 days of receipt of a notice announcing the Collective’s intent to conduct an audit. See 37 CFR 380.6(c). Today’s notice fulfills this requirement with respect to SoundExchange’s notice of intent to audit filed December 20, 2019. Dated: January 15, 2020. Jesse M. Feder, Chief Copyright Royalty Judge. [FR Doc. 2020–00854 Filed 1–17–20; 8:45 am] BILLING CODE 1410–72–P LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 19–CRB–0015–AU (Deseret Management Corporation)] Notice of Intent To Audit Copyright Royalty Board (CRB), Library of Congress. ACTION: Public notice. jbell on DSKJLSW7X2PROD with NOTICES AGENCY: The Copyright Royalty Judges announce receipt of a notice of intent to audit the 2016, 2017, and 2018 statements of account submitted by licensee Deseret Management SUMMARY: VerDate Sep<11>2014 18:20 Jan 17, 2020 Jkt 250001 Corporation, Inc. concerning the royalty payments it made pursuant to two statutory licenses. ADDRESSES: Docket: For access to the docket to read background documents, go to eCRB, the Copyright Royalty Board’s electronic filing and case management system, at https:// app.crb.gov/ and search for docket number 19–CRB–0015–AU (Deseret Management Corporation). FOR FURTHER INFORMATION CONTACT: Anita Blaine, Program Specialist, by telephone at (202) 707–7658 or by email at crb@loc.gov. SUPPLEMENTARY INFORMATION: The Copyright Act, title 17 of the United States Code, grants to sound recordings copyright owners the exclusive right to publicly perform sound recordings by means of certain digital audio transmissions, subject to limitations. Specifically, the performance right is limited by the statutory license in section 114, which allows nonexempt noninteractive digital subscription services, eligible nonsubscription services, pre-existing subscription services, and preexisting satellite digital audio radio services to perform publicly sound recordings by means of digital audio transmissions. 17 U.S.C. 114(f). In addition, a statutory license in section 112 allows a service to make necessary ephemeral reproductions to facilitate the digital transmission of the sound recording. 17 U.S.C. 112(e). Licensees may operate under these licenses provided they pay the royalty fees and comply with the terms set by the Copyright Royalty Judges. The rates and terms for the section 112 and 114 licenses are set forth in 37 CFR parts 380 and 382 through 384. As part of the terms for these licenses, the Judges designated SoundExchange, Inc., as the Collective, i.e., the organization charged with collecting royalty payments and statements of account submitted by eligible licensees and with distributing royalties to the copyright owners and performers entitled to receive them under the section 112 and 114 licenses. See, e.g., 37 CFR 380.2(a). As the Collective, SoundExchange may, only once a year, conduct an audit of a licensee for any or all of the prior three calendar years in order to verify royalty payments. SoundExchange must first file with the Judges a notice of intent to audit a licensee and deliver the notice to the licensee. See, e.g., 37 CFR 380.6(b)–(c). On December 20, 2019, SoundExchange filed with the Judges a notice of intent to audit commercial webcaster Deseret Management PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 Corporation, Inc., for the years 2016, 2017, and 2018. The Judges must publish notice in the Federal Register within 30 days of receipt of a notice announcing the Collective’s intent to conduct an audit. See 37 CFR 380.6(c). Today’s notice fulfills this requirement with respect to SoundExchange’s notice of intent to audit filed December 20, 2019. Dated: January 15, 2020. Jesse M. Feder, Chief Copyright Royalty Judge. [FR Doc. 2020–00856 Filed 1–17–20; 8:45 am] BILLING CODE 1410–72–P OFFICE OF MANAGEMENT AND BUDGET Office of Federal Procurement Policy Procurement Administrative Lead Time (PALT) Office of Federal Procurement Policy (OFPP), Office of Management and Budget (OMB). ACTION: Notice and request for public comments. AGENCY: The Office of Federal Procurement Policy (OFPP) is requesting public comment on a proposed definition of the term ‘‘Procurement Administrative Lead Time’’ (PALT) and a plan for measuring and publicly reporting government-wide data on PALT for contracts and orders above the simplified acquisition threshold (SAT). This action is being undertaken in accordance with section 878 of the National Defense Authorization Act (NDAA) for FY 2019. DATES: Interested parties should submit written comments to the address shown below within 30 days of this notice. ADDRESSES: Please submit comments only and cite ‘‘Procurement Administrative Lead Time’’ in all correspondence. Comments may be submitted by any of the following methods: • Online at http:// www.regulations.gov, • Facsimile: 202–395–5105. • Mail: Curtina Smith, Office of Federal Procurement Policy, 725 17th St. NW, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Curtina Smith, csmith@omb.eop.gov, 202–395–3301. SUPPLEMENTARY INFORMATION: Section 878 of the NDAA for 2019, Public Law 115–232, requires the Administrator of OFPP to develop and make available for public comment a definition of the term PALT. Section 878 further requires that SUMMARY: E:\FR\FM\21JAN1.SGM 21JAN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 13 / Tuesday, January 21, 2020 / Notices the Administrator develop a plan for measuring and publicly reporting data on PALT for Federal Government contracts and orders above the SAT. OFPP is proposing to define PALT as ‘‘the time between the date on which an initial solicitation for a contract or order is issued by a Federal department or agency and the date of the award of the contract or order.’’ Section 878 includes this language as a suggested definition. Furthermore, this definition was adopted by the Department of Defense (DoD) pursuant section 886 of the NDAA for FY 18 and DoD implementing instructions. See ‘‘Reporting ‘Solicitation Date’ in the Federal Procurement Data System’’ June 14, 2018, available at https:// www.acq.osd.mil/dpap/policy/ policyvault/USA001458-18-DPAP.pdf. In instances where draft solicitations are issued generally for the purpose of seeking input from interested parties to assist the Government in finalizing its solicitation, the issuance date for the ‘‘initial solicitation’’ for purposes of the PALT would be the date on which the final solicitation seeking offers, bids, or proposals is issued by the Government. In cases where no solicitation is required, ‘the date on which an initial solicitation is issued’ would be guided by the following instructions, which promote consistent implementation across both civilian and DoD agencies: • For awards resulting from unsolicited proposals, ‘the date on which an initial solicitation is issued’ is the date on which the Government notifies the offeror of proposal acceptance. • For orders placed against indefinitedelivery contracts where pricing is based on pre-priced line items included in the indefinite-delivery contract and no elements of the order’s delivery or performance require negotiation, ‘the date on which an initial solicitation is issued’ is the date of the award of the order. • For the award of a contract under a Broad Agency Announcement (BAA), ‘the date on which an initial solicitation is issued’ is the date when a final combined synopsis/solicitation is issued except: D For two-step BAAs, including white paper submissions for review, selection, and subsequent request for full proposals, ‘the date on which an initial solicitation is issued’ is the date when the Government signs the proposal request. D Under BAAs with calls, ‘the date on which an initial solicitation is issued’ is the date when the individual call is issued. VerDate Sep<11>2014 18:20 Jan 17, 2020 Jkt 250001 D For open BAAs, when white papers and/or proposals are accepted for review over an extended period (typically open for a year or longer), the ‘the date on which an initial solicitation is issued’ is either the date when the Government signs a proposal request (white papers) or the date on which the proposal is submitted, whichever is earlier. To support measuring and public reporting of PALT, OFPP proposes leveraging publicly available data in the Federal Procurement Data System— Next Generation (FPDS–NG), i.e., the authoritative source for Federal Government procurement award data. The General Services Administration’s Integrated Acquisition Environment has included in its June 2019 enhancement of FPDS–NG a change to add the ‘‘solicitation date’’ data field as a mandatory reporting requirement for all contracts or orders valued above the SAT. Now that data are centrally collected in FPDS–NG, agencies and the public will be able to use these data to obtain PALT information for any contract or order issued by the Federal Government that is valued above the SAT. In addition, FPDS–NG data can be used to evaluate PALT for specific types of acquisitions and to determine how timelines are impacted by the use of specific authorities, such as FAR Subpart 6.302–2, Unusual and Compelling Urgency, as well as other authorities that permit limited competition or noncompetitive awards. The public is invited to submit comments on both the proposed definition and plan for measuring PALT. Establishing a common definition of PALT and a plan for measuring and publicly reporting PALT data are important steps in helping the Federal Government to understand and better address causes of procurement delays. PALT can help to drive continual process improvement and the pursuit of more innovative procurement practices, especially when the data are used in combination with other inputs for evaluating the overall effectiveness of the acquisition process in delivering value to the taxpayer, such as cost and the quality of the contractor’s performance. PALT can also create incentives to drive greater efficiencies in the requirements development process, which has long been recognized as one of the most significant sources of delay in the acquisition lifecycle. For example, increased emphasis on PALT should encourage agencies to take greater advantage of facilitated requirements development workshops, where a trained facilitator leads a multi- PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 3429 functional integrated project team in the development of a mission critical acquisition requirement in days. Use of this practice has largely been limited to DoD but its promise makes it worthy of broader consideration across the Federal Government. It is expected that as technology improves and the ability to capture better and more comprehensive procurement and requirements data becomes easier, there will be opportunity to collect and track additional data points and timeframes beyond those covered by the proposed definition. For example, the ability to capture data routinely on various aspects of requirements development could significantly enhance the insight derived from measuring PALT. Agencies that may already collect and track additional data points and timeframes outside of the proposed definition, such as from the time a complete requisition package is received by the procurement office, will be encouraged to maintain their broader efforts, as they are able, to assist in the management, support, and evaluation of agency procurement operations. Michael E. Wooten, Administrator for Federal Procurement Policy. [FR Doc. 2020–00783 Filed 1–17–20; 8:45 am] BILLING CODE 3110–01–P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION [FDMS Docket No. NARA–20–0001; Agency No. NARA–2020–015] Records Schedules; Availability and Request for Comments National Archives and Records Administration (NARA). ACTION: Notice of availability of proposed records schedules; request for comments. AGENCY: The National Archives and Records Administration (NARA) publishes notice of certain Federal agency requests for records disposition authority (records schedules). We publish notice in the Federal Register and on regulations.gov for records schedules in which agencies propose to dispose of records they no longer need to conduct agency business. We invite public comments on such records schedules. SUMMARY: NARA must receive comments by March 6, 2020. ADDRESSES: You may submit comments by either of the following methods. You DATES: E:\FR\FM\21JAN1.SGM 21JAN1

Agencies

[Federal Register Volume 85, Number 13 (Tuesday, January 21, 2020)]
[Notices]
[Pages 3428-3429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00783]


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OFFICE OF MANAGEMENT AND BUDGET

Office of Federal Procurement Policy


Procurement Administrative Lead Time (PALT)

AGENCY: Office of Federal Procurement Policy (OFPP), Office of 
Management and Budget (OMB).

ACTION: Notice and request for public comments.

-----------------------------------------------------------------------

SUMMARY: The Office of Federal Procurement Policy (OFPP) is requesting 
public comment on a proposed definition of the term ``Procurement 
Administrative Lead Time'' (PALT) and a plan for measuring and publicly 
reporting government-wide data on PALT for contracts and orders above 
the simplified acquisition threshold (SAT). This action is being 
undertaken in accordance with section 878 of the National Defense 
Authorization Act (NDAA) for FY 2019.

DATES: Interested parties should submit written comments to the address 
shown below within 30 days of this notice.

ADDRESSES: Please submit comments only and cite ``Procurement 
Administrative Lead Time'' in all correspondence. Comments may be 
submitted by any of the following methods:
     Online at http://www.regulations.gov,
     Facsimile: 202-395-5105.
     Mail: Curtina Smith, Office of Federal Procurement Policy, 
725 17th St. NW, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Curtina Smith, [email protected], 
202-395-3301.

SUPPLEMENTARY INFORMATION: Section 878 of the NDAA for 2019, Public Law 
115-232, requires the Administrator of OFPP to develop and make 
available for public comment a definition of the term PALT. Section 878 
further requires that

[[Page 3429]]

the Administrator develop a plan for measuring and publicly reporting 
data on PALT for Federal Government contracts and orders above the SAT.
    OFPP is proposing to define PALT as ``the time between the date on 
which an initial solicitation for a contract or order is issued by a 
Federal department or agency and the date of the award of the contract 
or order.'' Section 878 includes this language as a suggested 
definition. Furthermore, this definition was adopted by the Department 
of Defense (DoD) pursuant section 886 of the NDAA for FY 18 and DoD 
implementing instructions. See ``Reporting `Solicitation Date' in the 
Federal Procurement Data System'' June 14, 2018, available at https://www.acq.osd.mil/dpap/policy/policyvault/USA001458-18-DPAP.pdf.
    In instances where draft solicitations are issued generally for the 
purpose of seeking input from interested parties to assist the 
Government in finalizing its solicitation, the issuance date for the 
``initial solicitation'' for purposes of the PALT would be the date on 
which the final solicitation seeking offers, bids, or proposals is 
issued by the Government. In cases where no solicitation is required, 
`the date on which an initial solicitation is issued' would be guided 
by the following instructions, which promote consistent implementation 
across both civilian and DoD agencies:
     For awards resulting from unsolicited proposals, `the date 
on which an initial solicitation is issued' is the date on which the 
Government notifies the offeror of proposal acceptance.
     For orders placed against indefinite-delivery contracts 
where pricing is based on pre-priced line items included in the 
indefinite-delivery contract and no elements of the order's delivery or 
performance require negotiation, `the date on which an initial 
solicitation is issued' is the date of the award of the order.
     For the award of a contract under a Broad Agency 
Announcement (BAA), `the date on which an initial solicitation is 
issued' is the date when a final combined synopsis/solicitation is 
issued except:
    [ssquf] For two-step BAAs, including white paper submissions for 
review, selection, and subsequent request for full proposals, `the date 
on which an initial solicitation is issued' is the date when the 
Government signs the proposal request.
    [ssquf] Under BAAs with calls, `the date on which an initial 
solicitation is issued' is the date when the individual call is issued.
    [ssquf] For open BAAs, when white papers and/or proposals are 
accepted for review over an extended period (typically open for a year 
or longer), the `the date on which an initial solicitation is issued' 
is either the date when the Government signs a proposal request (white 
papers) or the date on which the proposal is submitted, whichever is 
earlier.
    To support measuring and public reporting of PALT, OFPP proposes 
leveraging publicly available data in the Federal Procurement Data 
System--Next Generation (FPDS-NG), i.e., the authoritative source for 
Federal Government procurement award data. The General Services 
Administration's Integrated Acquisition Environment has included in its 
June 2019 enhancement of FPDS-NG a change to add the ``solicitation 
date'' data field as a mandatory reporting requirement for all 
contracts or orders valued above the SAT. Now that data are centrally 
collected in FPDS-NG, agencies and the public will be able to use these 
data to obtain PALT information for any contract or order issued by the 
Federal Government that is valued above the SAT. In addition, FPDS-NG 
data can be used to evaluate PALT for specific types of acquisitions 
and to determine how timelines are impacted by the use of specific 
authorities, such as FAR Subpart 6.302-2, Unusual and Compelling 
Urgency, as well as other authorities that permit limited competition 
or noncompetitive awards. The public is invited to submit comments on 
both the proposed definition and plan for measuring PALT.
    Establishing a common definition of PALT and a plan for measuring 
and publicly reporting PALT data are important steps in helping the 
Federal Government to understand and better address causes of 
procurement delays. PALT can help to drive continual process 
improvement and the pursuit of more innovative procurement practices, 
especially when the data are used in combination with other inputs for 
evaluating the overall effectiveness of the acquisition process in 
delivering value to the taxpayer, such as cost and the quality of the 
contractor's performance. PALT can also create incentives to drive 
greater efficiencies in the requirements development process, which has 
long been recognized as one of the most significant sources of delay in 
the acquisition lifecycle. For example, increased emphasis on PALT 
should encourage agencies to take greater advantage of facilitated 
requirements development workshops, where a trained facilitator leads a 
multi-functional integrated project team in the development of a 
mission critical acquisition requirement in days. Use of this practice 
has largely been limited to DoD but its promise makes it worthy of 
broader consideration across the Federal Government.
    It is expected that as technology improves and the ability to 
capture better and more comprehensive procurement and requirements data 
becomes easier, there will be opportunity to collect and track 
additional data points and timeframes beyond those covered by the 
proposed definition. For example, the ability to capture data routinely 
on various aspects of requirements development could significantly 
enhance the insight derived from measuring PALT. Agencies that may 
already collect and track additional data points and timeframes outside 
of the proposed definition, such as from the time a complete 
requisition package is received by the procurement office, will be 
encouraged to maintain their broader efforts, as they are able, to 
assist in the management, support, and evaluation of agency procurement 
operations.

Michael E. Wooten,
Administrator for Federal Procurement Policy.
[FR Doc. 2020-00783 Filed 1-17-20; 8:45 am]
BILLING CODE 3110-01-P