Agency Information Collection Activities: Proposed Collection; Comment Request, 71502-71503 [2021-27224]
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Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Notices
Available Information. FAR provision
52.209–7, Information Regarding
Responsibility Matters, requires each
offeror to represent whether it has
current active Federal contracts and
grants with a total value greater than
$10 million. The provision also requires
each offeror to post in the Federal
Awardee Performance and Integrity
Information System (FAPIIS), as
required by maintaining an active
registration in the System for Award
Management (SAM), information on
whether the offeror and/or any of its
principals has, or has not, within the
past five years, in connection with the
award to or performance by the offeror
of a federal contract or grant, been the
subject of a proceeding, at the Federal
or State level, that resulted in:
(a) A criminal conviction in the case
of a criminal proceeding;
(b) The finding of fault and liability in
a civil proceeding resulting in the
payment of $5,000 or more in damages,
restitution, reimbursement, fine or
penalty;
(c) The finding of fault and liability in
an administrative proceeding resulting
in the payment of a monetary fine or
penalty of $5,000 or more, or the
payment of a reimbursement,
restitution, or damages in excess of
$100,000; or
(d) In a criminal, civil, or
administrative proceeding, a disposition
of the matter by consent or compromise
with an acknowledgement of fault by
the contractor if the proceeding could
have led to any of the outcomes
specified in (4)(a) through (c) above.
Paragraph (a) of the FAR clause
52.209–9, Updates of Publicly Available
Information Regarding Responsibility
Matters, requires contractors to update
the information in FAPIIS on a
semiannual basis, throughout the life of
the contract, by posting the information
in SAM. Paragraph (c) of the FAR clause
52.209–9 informs contractors 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.
5. FAR 52.209–11, 52.209–12, and
52.212–3(q), Prohibition on Contracting
With Corporations with Delinquent
Taxes or a Felony Conviction. 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 52.212–
3(q), require offerors to represent
whether the offeror is a corporation
that—
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16:54 Dec 15, 2021
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• Has any unpaid Federal tax liability
that has been assessed, for which all
judicial and administrative remedies
have been exhausted or have lapsed,
and that is not being paid in a timely
manner pursuant to an agreement with
the authority responsible for collecting
the tax liability; and
• Was convicted of a felony criminal
violation under a Federal law within the
preceding 24 months.
FAR provision 52.209–12,
Certification Regarding Tax Matters,
require offerors proposing a total
contract price that will exceed $5.5
million (including options) to certify
that, to the best of the offeror’s
knowledge and belief, 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.
6. FAR 52.209–13, Violations of Arms
Control Treaties or Agreements with the
United States. Unless the offeror is
providing evidence of a waiver or
determination in accordance with
paragraph (b)(2) of the FAR provision at
52.209–13, Violation of Arms Control
Treaties or Agreements—Certification,
paragraph (b)(1) of the provision
requires offerors to certify that—
• The offeror does not engage and has
not engaged in any activity that
contributed to or is a significant factor
in the President’s or Secretary of State’s
determination that a foreign country is
in violation of its obligations
undertaken in any arms control,
nonproliferation, or disarmament
agreement to which the United States is
a party, or is not adhering to its arms
control, nonproliferation, or
disarmament commitments in which the
United States is a participating state.
The determinations are described in the
most recent unclassified annual report
provided to Congress pursuant to
section 403 of the Arms Control and
Disarmament Act (22 U.S.C. 2593a); and
• No entity owned or controlled by
the offeror is an entity organized under
the laws of such country, that engages
or has engaged in any activity that
contributed to or is a significant factor
in the President’s or Secretary of State’s
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Fmt 4703
Sfmt 4703
determination that a foreign country is
in violation of its obligations
undertaken in any arms control,
nonproliferation, or disarmament
agreement to which the United States is
a party, or is not adhering to its arms
control, nonproliferation, or
disarmament commitments in which the
United States is a participating state.
Contracting officers use the collected
information described above to
determine an offeror’s responsibility for
contract award.
C. Annual Burden
Respondents: 1,802,621.
Total Annual Responses: 1,953,229.
Total Burden Hours: 547,110.
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. 9000–0198, Certain Federal
Acquisition Regulation Part 9
Requirements.
Janet Fry,
Director, Federal Acquisition Policy Division,
Office of Governmentwide Acquisition Policy,
Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2021–27240 Filed 12–15–21; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[Document Identifier CMS–10524 and CMS–
906]
Agency Information Collection
Activities: Proposed Collection;
Comment Request
Centers for Medicare &
Medicaid Services, Health and Human
Services (HHS).
ACTION: Notice.
AGENCY:
The Centers for Medicare &
Medicaid Services (CMS) is announcing
an opportunity for the public to
comment on CMS’ intention to collect
information from the public. Under the
Paperwork Reduction Act of 1995 (the
PRA), federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information (including each proposed
extension or reinstatement of an existing
collection of information) and to allow
60 days for public comment on the
proposed action. Interested persons are
invited to send comments regarding our
SUMMARY:
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Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
burden estimates or any other aspect of
this collection of information, including
the necessity and utility of the proposed
information collection for the proper
performance of the agency’s functions,
the accuracy of the estimated burden,
ways to enhance the quality, utility, and
clarity of the information to be
collected, and the use of automated
collection techniques or other forms of
information technology to minimize the
information collection burden.
DATES: Comments must be received by
February 14, 2022.
ADDRESSES: When commenting, please
reference the document identifier or
OMB control number. To be assured
consideration, comments and
recommendations must be submitted in
any one of the following ways:
1. Electronically. You may send your
comments electronically to https://
www.regulations.gov. Follow the
instructions for ‘‘Comment or
Submission’’ or ‘‘More Search Options’’
to find the information collection
document(s) that are accepting
comments.
2. By regular mail. You may mail
written comments to the following
address: CMS, Office of Strategic
Operations and Regulatory Affairs,
Division of Regulations Development,
Attention: Document Identifier/OMB
Control Number: ll, Room C4–26–05,
7500 Security Boulevard, Baltimore,
Maryland 21244–1850.
To obtain copies of a supporting
statement and any related forms for the
proposed collection(s) summarized in
this notice, you may make your request
using one of following:
1. Access CMS’ website address at
website address at https://www.cms.gov/
Regulations-and-Guidance/Legislation/
PaperworkReductionActof1995/PRAListing.html.
FOR FURTHER INFORMATION CONTACT:
William N. Parham at (410) 786–4669.
SUPPLEMENTARY INFORMATION:
Contents
This notice sets out a summary of the
use and burden associated with the
following information collections. More
detailed information can be found in
each collection’s supporting statement
and associated materials (see
ADDRESSES).
CMS–10524 Medicare Program; Prior
Authorization Process for Certain
Durable Medical Equipment,
Prosthetic, Orthotics, and Supplies
(DMEPOS)
CMS–906 Fiscal Soundness Reporting
Requirements (FSRR)
Under the PRA (44 U.S.C. 3501–
3520), federal agencies must obtain
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16:54 Dec 15, 2021
Jkt 256001
approval from the Office of Management
and Budget (OMB) for each collection of
information they conduct or sponsor.
The term ‘‘collection of information’’ is
defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests
or requirements that members of the
public submit reports, keep records, or
provide information to a third party.
Section 3506(c)(2)(A) of the PRA
requires federal agencies to publish a
60-day notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension or reinstatement of an existing
collection of information, before
submitting the collection to OMB for
approval. To comply with this
requirement, CMS is publishing this
notice.
Information Collection
1. Type of Information Collection
Request: Extension of a currently
approved collection; Title of
Information Collection: Medicare
Program; Prior Authorization Process for
Certain Durable Medical Equipment,
Prosthetic, Orthotics, and Supplies
(DMEPOS); Use: Section 1834(a)(15) of
the Social Security Act (the Act)
authorizes the Secretary to develop and
periodically update a list of DMEPOS
that the Secretary determines, on the
basis of prior payment experience, are
frequently subject to unnecessary
utilization and to develop a prior
authorization process for these items.
Pursuant to this authority, CMS
published final rules CMS–6050–F and
CMS–1713–F.
The information required under this
collection is used to determine proper
payment and coverage for DMEPOS
items. The information requested
includes all documents and information
that demonstrate the DMEPOS item
requested is reasonable and necessary
for the beneficiary and meets applicable
Medicare requirements. The
documentation will be reviewed by
trained registered nurses, therapists, or
physician reviewers to determine if
item(s) or service requested meets all
applicable Medicare coverage, coding
and payment rules. Form Number:
CMS–10524 (OMB control number:
0938–1293); Frequency: Occasionally;
Affected Public: Private Sector (Business
or other for-profits, Not-for-Profit
Institutions); Number of Respondents:
273,305; Total Annual Responses:
273,305; Total Annual Hours: 136,652.
(For policy questions regarding this
collection contact Stephanie Collins at
(410) 786–0959.)
2. Type of Information Collection
Request: Extension of a currently
approved collection; Title of
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Fmt 4703
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Information Collection: Fiscal
Soundness Reporting Requirements
(FSRR); Use: Title 18 Section
1857(d)(4)(A)(i) requires that contracting
organizations such as Medicare Health
Plans (including Medicare Advantage
(MA) organizations, Medicare-Medicaid
Capitated Financial Alignment
Demonstrations (MMPs)) and 1876 Cost
Plans), Prescription Drug Plan sponsors
(PDPs), and Programs of All-Inclusive
Care for the Elderly (PACE)
organizations report financial
information demonstrating the
organization has a fiscally sound
operation. The FSRR is designed to
capture financial data of these
contracting entities. The Division of
Finance and Benefits (DFB) within the
Medicare Advantage Contract
Administration Group (MCAG) of CMS
is assigned the responsibility of
reviewing ongoing financial
performance of the contracting entities.
All contracting organizations must
submit audited annual financial
statements one time per year. In
addition to the audited annual
submission, Health Plans with a
negative net worth and/or a net loss and
the amount of that loss is greater than
one-half of the organization’s total net
worth submit quarterly financial
statements for fiscal soundness
monitoring. Part D organizations are
required to submit three (3) quarterly
financial statements. Lastly, PACE
organizations are required to file four (4)
quarterly financial statements for the
first three (3) years in the program. After
the first three (3) years, PACE
organizations with a negative net worth
and/or a net loss and the amount of that
loss is greater than one-half of the
organization’s total net worth must
submit quarterly financial statements for
fiscal soundness monitoring. Form
Number: CMS–906 (OMB control
number: 0938–0496); Frequency:
Quarterly and Yearly; Affected Public:
Private Sector (Business or other forprofits, Not-for-Profit Institutions);
Number of Respondents: 936; Total
Annual Responses: 1,958; Total Annual
Hours: 652. (For policy questions
regarding this collection contact Christa
M. Zalewski at (410) 786–1971.)
Dated: December 13, 2021.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office
of Strategic Operations and Regulatory
Affairs.
[FR Doc. 2021–27224 Filed 12–15–21; 8:45 am]
BILLING CODE 4120–01–P
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Agencies
[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Notices]
[Pages 71502-71503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27224]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[Document Identifier CMS-10524 and CMS-906]
Agency Information Collection Activities: Proposed Collection;
Comment Request
AGENCY: Centers for Medicare & Medicaid Services, Health and Human
Services (HHS).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Centers for Medicare & Medicaid Services (CMS) is
announcing an opportunity for the public to comment on CMS' intention
to collect information from the public. Under the Paperwork Reduction
Act of 1995 (the PRA), federal agencies are required to publish notice
in the Federal Register concerning each proposed collection of
information (including each proposed extension or reinstatement of an
existing collection of information) and to allow 60 days for public
comment on the proposed action. Interested persons are invited to send
comments regarding our
[[Page 71503]]
burden estimates or any other aspect of this collection of information,
including the necessity and utility of the proposed information
collection for the proper performance of the agency's functions, the
accuracy of the estimated burden, ways to enhance the quality, utility,
and clarity of the information to be collected, and the use of
automated collection techniques or other forms of information
technology to minimize the information collection burden.
DATES: Comments must be received by February 14, 2022.
ADDRESSES: When commenting, please reference the document identifier or
OMB control number. To be assured consideration, comments and
recommendations must be submitted in any one of the following ways:
1. Electronically. You may send your comments electronically to
https://www.regulations.gov. Follow the instructions for ``Comment or
Submission'' or ``More Search Options'' to find the information
collection document(s) that are accepting comments.
2. By regular mail. You may mail written comments to the following
address: CMS, Office of Strategic Operations and Regulatory Affairs,
Division of Regulations Development, Attention: Document Identifier/OMB
Control Number: __, Room C4-26-05, 7500 Security Boulevard, Baltimore,
Maryland 21244-1850.
To obtain copies of a supporting statement and any related forms
for the proposed collection(s) summarized in this notice, you may make
your request using one of following:
1. Access CMS' website address at website address at https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html.
FOR FURTHER INFORMATION CONTACT: William N. Parham at (410) 786-4669.
SUPPLEMENTARY INFORMATION:
Contents
This notice sets out a summary of the use and burden associated
with the following information collections. More detailed information
can be found in each collection's supporting statement and associated
materials (see ADDRESSES).
CMS-10524 Medicare Program; Prior Authorization Process for Certain
Durable Medical Equipment, Prosthetic, Orthotics, and Supplies (DMEPOS)
CMS-906 Fiscal Soundness Reporting Requirements (FSRR)
Under the PRA (44 U.S.C. 3501-3520), federal agencies must obtain
approval from the Office of Management and Budget (OMB) for each
collection of information they conduct or sponsor. The term
``collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA requires federal agencies
to publish a 60-day notice in the Federal Register concerning each
proposed collection of information, including each proposed extension
or reinstatement of an existing collection of information, before
submitting the collection to OMB for approval. To comply with this
requirement, CMS is publishing this notice.
Information Collection
1. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: Medicare Program;
Prior Authorization Process for Certain Durable Medical Equipment,
Prosthetic, Orthotics, and Supplies (DMEPOS); Use: Section 1834(a)(15)
of the Social Security Act (the Act) authorizes the Secretary to
develop and periodically update a list of DMEPOS that the Secretary
determines, on the basis of prior payment experience, are frequently
subject to unnecessary utilization and to develop a prior authorization
process for these items. Pursuant to this authority, CMS published
final rules CMS-6050-F and CMS-1713-F.
The information required under this collection is used to determine
proper payment and coverage for DMEPOS items. The information requested
includes all documents and information that demonstrate the DMEPOS item
requested is reasonable and necessary for the beneficiary and meets
applicable Medicare requirements. The documentation will be reviewed by
trained registered nurses, therapists, or physician reviewers to
determine if item(s) or service requested meets all applicable Medicare
coverage, coding and payment rules. Form Number: CMS-10524 (OMB control
number: 0938-1293); Frequency: Occasionally; Affected Public: Private
Sector (Business or other for-profits, Not-for-Profit Institutions);
Number of Respondents: 273,305; Total Annual Responses: 273,305; Total
Annual Hours: 136,652. (For policy questions regarding this collection
contact Stephanie Collins at (410) 786-0959.)
2. Type of Information Collection Request: Extension of a currently
approved collection; Title of Information Collection: Fiscal Soundness
Reporting Requirements (FSRR); Use: Title 18 Section 1857(d)(4)(A)(i)
requires that contracting organizations such as Medicare Health Plans
(including Medicare Advantage (MA) organizations, Medicare-Medicaid
Capitated Financial Alignment Demonstrations (MMPs)) and 1876 Cost
Plans), Prescription Drug Plan sponsors (PDPs), and Programs of All-
Inclusive Care for the Elderly (PACE) organizations report financial
information demonstrating the organization has a fiscally sound
operation. The FSRR is designed to capture financial data of these
contracting entities. The Division of Finance and Benefits (DFB) within
the Medicare Advantage Contract Administration Group (MCAG) of CMS is
assigned the responsibility of reviewing ongoing financial performance
of the contracting entities.
All contracting organizations must submit audited annual financial
statements one time per year. In addition to the audited annual
submission, Health Plans with a negative net worth and/or a net loss
and the amount of that loss is greater than one-half of the
organization's total net worth submit quarterly financial statements
for fiscal soundness monitoring. Part D organizations are required to
submit three (3) quarterly financial statements. Lastly, PACE
organizations are required to file four (4) quarterly financial
statements for the first three (3) years in the program. After the
first three (3) years, PACE organizations with a negative net worth
and/or a net loss and the amount of that loss is greater than one-half
of the organization's total net worth must submit quarterly financial
statements for fiscal soundness monitoring. Form Number: CMS-906 (OMB
control number: 0938-0496); Frequency: Quarterly and Yearly; Affected
Public: Private Sector (Business or other for-profits, Not-for-Profit
Institutions); Number of Respondents: 936; Total Annual Responses:
1,958; Total Annual Hours: 652. (For policy questions regarding this
collection contact Christa M. Zalewski at (410) 786-1971.)
Dated: December 13, 2021.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and
Regulatory Affairs.
[FR Doc. 2021-27224 Filed 12-15-21; 8:45 am]
BILLING CODE 4120-01-P