Submission for OMB Review; Federal Acquisition Regulation Part 3: Improper Business Practices and Personal Conflicts of Interest, 8359-8360 [2021-02401]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Notices comments on directing USAC to include eligibility review as part of the application process, but not requiring applicants to file FCC Forms 460. Are there other means of identifying health care providers and determining their eligibility for support in the program that should be considered? 17. Finally, are there additional improvements the Bureau should consider making to the application, review, and invoicing processes? For example, during the Round 1 application process, applicants were required to submit documentation demonstrating that funding requests were for equipment and services eligible for Program support, and funding commitments were made based on the anticipated costs of the eligible services requested on their applications. After receiving Round 1 commitments, however, some health care providers seeking support for eligible services and equipment experienced supply chain disruptions and equipment shortages, while other health care providers determined that, due to shifting pandemic response strategies, they needed different services or equipment than those requested in their application. Anticipating these issues, the Commission gave health care providers flexibility to respond to changing circumstances by not requiring health care providers that received funding commitments to purchase only the services and connected devices identified in their applications. Accordingly, health care providers that received funding commitments may have been allowed to substitute vendors, eligible services, and/or eligible connected devices as long as the substituted items are eligible and the total amount sought for reimbursement does not exceed the commitment amount. 18. Should the Bureau maintain this flexibility, but streamline the application process by requiring applicants demonstrate the eligibility of the connected devices and services purchased using Round 2 support only during the invoicing process? Are health care providers still experiencing supply chain delays or noticing shortages of certain connected devices? Have health care providers’ pandemic response strategies solidified to the point where they will be able to accurately identify the telecommunication services, information services, or connected devices needed on their application for Round 2? If the Bureau does not require applicants to demonstrate the eligibility of the services and connected devices for which they seek funding on their applications during Round 2, what VerDate Sep<11>2014 18:53 Feb 04, 2021 Jkt 253001 documentation or demonstration should the Bureau require the applicant to submit to demonstrate that they will use the funding requested for services and devices that are eligible for support? What safeguards should the Bureau consider implementing to ensure that this proposal does not lead to waste, fraud, or abuse of Program funding? Should additional certifications be required on applications and for each invoice to ensure applicants/awardees understand what is expected of them and the potential penalties for waste, fraud, or abuse? Relatedly, should a list of eligible and ineligible equipment and services to provide applicants with specific guidance on what may be requested for reimbursement be published? Federal Communications Commission. Cheryl L. Callahan, Assistant Chief, Telecommunications Access Policy Division, Wireline Competition Bureau. [FR Doc. 2021–02255 Filed 2–4–21; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0018; Docket No. 2020–0053; Sequence No. 18] Submission for OMB Review; Federal Acquisition Regulation Part 3: Improper Business Practices and Personal Conflicts of Interest 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 extension of a previously approved information collection requirements regarding improper business practices and personal conflicts of interest. DATES: Submit comments on or before March 8, 2021. ADDRESSES: Written comments and recommendations for this information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under SUMMARY: PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 8359 Review—Open for Public Comments’’ or by using the search function. Additionally, submit a copy to GSA through https://www.regulations.gov and follow the instructions on the site. This website provides the ability to type short comments directly into the comment field or attach a file for lengthier comments. Instructions: All items submitted must cite ‘‘OMB Control No. 9000–0018, Federal Acquisition Regulation Part 3: Improper Business Practices and Personal Conflicts of Interest.’’ 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 https://www.regulations.gov approximately two-to- three days after submission to verify posting. If there are difficulties submitting comments, contact the GSA Regulatory Secretariat Division at 202–501–4755 or GSARegSec@gsa.gov. FOR FURTHER INFORMATION CONTACT: Jennifer Hawes, Procurement Analyst, at telephone 202–969–7386, or jennifer.hawes@gsa.gov. SUPPLEMENTARY INFORMATION: A. OMB Control Number, Title, and any Associated Form(s) 9000–0018, Federal Acquisition Regulation Part 3: Improper Business Practices and Personal Conflicts of Interest. B. Need and Uses DoD, GSA, and NASA are 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 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 the revision and extension of OMB Control No. 9000–0018 and combines it with the previously approved information collections under OMB Control No. 9000–0091, with the new title ‘‘Federal Acquisition Regulation Part 3: Improper Business Practices and Personal Conflicts of Interest.’’ Upon approval of this consolidated information collection, OMB Control No. 9000–0091 E:\FR\FM\05FEN1.SGM 05FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8360 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Notices will be discontinued. The burden requirements previously approved under the discontinued number will be covered under OMB Control No. 9000– 0018. This clearance covers the information collection that offerors or contractors must submit to comply with the following requirements in FAR Part 3: • 52.203–2, Certificate of Independent Price Determination. This solicitation provision requires an offeror to certify that the prices in their offer have been arrived at independently, have not been or will not be knowingly disclosed, and have not been submitted for the purpose of restricting competition. This clause is used to ensure that Government contracts are not awarded to firms violating antitrust laws. • 52.203–7, Anti-Kickback Procedures. This contract clause requires contractors to report in writing to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General possible violations of 41 U.S.C. Chapter 87, Kickbacks, and to notify the contracting officer when monies are withheld from sums owed a subcontractor under the prime contract when the contracting officer has directed the prime contractor to do so to offset the amount of a kickback. The information reported by contractors will be used by the Federal agency to investigate potential violations. • 52.203–13, Contractor Code of Business Ethics and Conduct. This contract clause requires contractors and subcontractors to report to the agency Office of the Inspector General, whenever it has credible evidence that a principal, employee, agent, or subcontractor of the contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C., or a violation of the Civil False Claims Act (31 U.S.C. 3729–3733). The information will be used by the Federal agency to investigate suspected violations. • 52.203–16, Preventing Personal Conflicts of Interest. This contract clause requires contractors and subcontractors to obtain and maintain from employees assigned to a task under a contract, a disclosure of interests that might be affected by the task to which the employee has been assigned. Contractors must report to any personal conflict of interest violation by a covered employee and the proposed actions to be taken. In exceptional circumstances, the contractor may request the head of the contracting VerDate Sep<11>2014 18:53 Feb 04, 2021 Jkt 253001 activity approve a plan to mitigate the personal conflict of interest or waive the requirement to prevent personal conflicts of interest. This information is used by the contractor and the contracting officer to identify and mitigate personal conflicts of interest. C. Annual Burden Respondents: 10,275. Recordkeepers: 8,391. Total Annual Responses: 342,019. Total Burden Hours: 627,162 (123,702 reporting hours + 503,460 recordkeeping hours). D. Public Comment A 60-day notice was published in the Federal Register at 85 FR 75325, on November 25, 2020. No comments were received. Obtaining Copies: Requesters may obtain a copy of the information collection documents from the GSA Regulatory Secretariat Division by calling 202–501–4755 or emailing GSARegSec@gsa.gov. Please cite OMB Control No. 9000–0018, Federal Acquisition Regulation Part 3: Improper Business Practices and Personal Conflicts of Interest. Janet Fry, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2021–02401 Filed 2–4–21; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0188; Docket No. 2021–0053; Sequence No. 3] Information Collection; Combating Trafficking in Persons Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice and request for comments. AGENCY: 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 combating trafficking in persons. DoD, GSA, and NASA invite comments on: whether the proposed collection of SUMMARY: PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 information is necessary for the proper performance of the functions of Federal Government acquisitions, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. OMB has approved this information collection for use through September 30, 2021. DoD, GSA, and NASA propose that OMB extend its approval for use for three additional years beyond the current expiration date. DoD, GSA, and NASA will consider all comments received by April 6, 2021. ADDRESSES: DoD, GSA, and NASA invite interested persons to submit comments on this collection through https://www.regulations.gov and follow the instructions on the site. This website provides the ability to type short comments directly into the comment field or attach a file for lengthier comments. If there are difficulties submitting comments, contact the GSA Regulatory Secretariat Division at 202– 501–4755 or GSARegSec@gsa.gov. Instructions: All items submitted must cite OMB Control No. 9000–0188, Combating Trafficking in Persons. 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. FOR FURTHER INFORMATION CONTACT: Ms. Mahruba Uddowla, Procurement Analyst, at telephone 703–605–2868, or mahruba.uddowla@gsa.gov. SUPPLEMENTARY INFORMATION: DATES: A. OMB control number, Title, and any Associated Form(s): 9000–0188, Combating Trafficking in Persons. B. Need and Uses This clearance covers the information that offerors contractors must submit to comply with the following Federal Acquisition Regulation (FAR) requirements: 52.222–50, Combating Trafficking in Persons. Notification. Paragraph (d) of this clause requires contractors to notify the E:\FR\FM\05FEN1.SGM 05FEN1

Agencies

[Federal Register Volume 86, Number 23 (Friday, February 5, 2021)]
[Notices]
[Pages 8359-8360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02401]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0018; Docket No. 2020-0053; Sequence No. 18]


Submission for OMB Review; Federal Acquisition Regulation Part 3: 
Improper Business Practices and Personal Conflicts of Interest

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 extension of a previously approved information collection 
requirements regarding improper business practices and personal 
conflicts of interest.

DATES: Submit comments on or before March 8, 2021.

ADDRESSES: Written comments and recommendations for this information 
collection should be sent within 30 days of publication of this notice 
to www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function. Additionally, submit a copy 
to GSA through https://www.regulations.gov and follow the instructions 
on the site. This website provides the ability to type short comments 
directly into the comment field or attach a file for lengthier 
comments.
    Instructions: All items submitted must cite ``OMB Control No. 9000-
0018, Federal Acquisition Regulation Part 3: Improper Business 
Practices and Personal Conflicts of Interest.'' 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 https://www.regulations.gov approximately two-to- three days after submission 
to verify posting. If there are difficulties submitting comments, 
contact the GSA Regulatory Secretariat Division at 202-501-4755 or 
[email protected].

FOR FURTHER INFORMATION CONTACT: Jennifer Hawes, Procurement Analyst, 
at telephone 202-969-7386, or [email protected].

SUPPLEMENTARY INFORMATION: 

A. OMB Control Number, Title, and any Associated Form(s)

    9000-0018, Federal Acquisition Regulation Part 3: Improper Business 
Practices and Personal Conflicts of Interest.

B. Need and Uses

    DoD, GSA, and NASA are 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 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 the revision and extension of OMB 
Control No. 9000-0018 and combines it with the previously approved 
information collections under OMB Control No. 9000-0091, with the new 
title ``Federal Acquisition Regulation Part 3: Improper Business 
Practices and Personal Conflicts of Interest.'' Upon approval of this 
consolidated information collection, OMB Control No. 9000-0091

[[Page 8360]]

will be discontinued. The burden requirements previously approved under 
the discontinued number will be covered under OMB Control No. 9000-
0018.
    This clearance covers the information collection that offerors or 
contractors must submit to comply with the following requirements in 
FAR Part 3:
     52.203-2, Certificate of Independent Price Determination. 
This solicitation provision requires an offeror to certify that the 
prices in their offer have been arrived at independently, have not been 
or will not be knowingly disclosed, and have not been submitted for the 
purpose of restricting competition. This clause is used to ensure that 
Government contracts are not awarded to firms violating antitrust laws.
     52.203-7, Anti-Kickback Procedures. This contract clause 
requires contractors to report in writing to the inspector general of 
the contracting agency, the head of the contracting agency if the 
agency does not have an inspector general, or the Attorney General 
possible violations of 41 U.S.C. Chapter 87, Kickbacks, and to notify 
the contracting officer when monies are withheld from sums owed a 
subcontractor under the prime contract when the contracting officer has 
directed the prime contractor to do so to offset the amount of a 
kickback. The information reported by contractors will be used by the 
Federal agency to investigate potential violations.
     52.203-13, Contractor Code of Business Ethics and Conduct. 
This contract clause requires contractors and subcontractors to report 
to the agency Office of the Inspector General, whenever it has credible 
evidence that a principal, employee, agent, or subcontractor of the 
contractor has committed a violation of Federal criminal law involving 
fraud, conflict of interest, bribery, or gratuity violations found in 
Title 18 U.S.C., or a violation of the Civil False Claims Act (31 
U.S.C. 3729-3733). The information will be used by the Federal agency 
to investigate suspected violations.
     52.203-16, Preventing Personal Conflicts of Interest. This 
contract clause requires contractors and subcontractors to obtain and 
maintain from employees assigned to a task under a contract, a 
disclosure of interests that might be affected by the task to which the 
employee has been assigned. Contractors must report to any personal 
conflict of interest violation by a covered employee and the proposed 
actions to be taken. In exceptional circumstances, the contractor may 
request the head of the contracting activity approve a plan to mitigate 
the personal conflict of interest or waive the requirement to prevent 
personal conflicts of interest. This information is used by the 
contractor and the contracting officer to identify and mitigate 
personal conflicts of interest.

C. Annual Burden

    Respondents: 10,275.
    Recordkeepers: 8,391.
    Total Annual Responses: 342,019.
    Total Burden Hours: 627,162 (123,702 reporting hours + 503,460 
recordkeeping hours).

D. Public Comment

    A 60-day notice was published in the Federal Register at 85 FR 
75325, on November 25, 2020. No comments were received.
    Obtaining Copies: Requesters may obtain a copy of the information 
collection documents from the GSA Regulatory Secretariat Division by 
calling 202-501-4755 or emailing [email protected]. Please cite OMB 
Control No. 9000-0018, Federal Acquisition Regulation Part 3: Improper 
Business Practices and Personal Conflicts of Interest.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2021-02401 Filed 2-4-21; 8:45 am]
BILLING CODE 6820-EP-P

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