Information Collection; Certain Federal Acquisition Regulation Part 9 Requirements, 71500-71502 [2021-27240]
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Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Notices
for critical systems, subsystems,
components, or services.
If the contractor does not have an
approved purchasing system, consent to
subcontract is required for costreimbursement, time-and-materials,
labor-hour, or letter contracts, and also
for unpriced actions under fixed-price
contracts that exceed the simplified
acquisition threshold.
2. Advance notification. Prime
contractors must provide contracting
officers notification before the award of
any cost-plus-fixed-fee subcontract, or
certain fixed-price subcontracts that are
identified in paragraph (b), (c) and (d)
of FAR clause 52.244–2. This
requirement for advance notification is
driven by statutory requirements in 10
U.S.C. 2306 and 41 U.S.C. 3905.
3. Contractors’ Purchasing System
Review. The objective of a contractor
purchasing system review (CPSR), is to
evaluate the efficiency and effectiveness
with which a contractor spends
Government funds and complies with
Government policy when
subcontracting. Paragraph (i) of FAR
clause 52.244–2 specifies that the
Government reserves the right to review
the contractor’s purchasing system as
set forth in FAR subpart 44.3. This
clause is the mechanism through which
the requirements of FAR subpart 44.3
are applied to contractors.
FAR 44.302 requires the
administrative contracting officer (ACO)
to determine the need for a CPSR based
on, but not limited to, the past
performance of the contractor, and the
volume, complexity and dollar value of
subcontracts. If a contractor’s sales to
the Government (excluding
competitively awarded firm-fixed-price
and competitively awarded fixed-price
with economic price adjustment
contracts and sales of commercial items
pursuant to Part 12) are expected to
exceed $25 million during the next 12
months, the ACO will perform a review
to determine if a CPSR is needed. Sales
include those represented by prime
contracts, subcontracts under
Government prime contracts, and
modifications. Generally, a CPSR is not
performed for a specific contract. The
head of the agency responsible for
contract administration may raise or
lower the $25 million review level if it
is considered to be in the Government’s
best interest. Once an initial
determination has been made to
conduct a review, at least every three
years the ACO shall determine whether
a purchasing system review is
necessary. If necessary, the cognizant
contract administration office will
conduct a purchasing system review.
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A CPSR is a thorough review of a
contractor’s existing procurement
policies, procedures, management
control systems (including internal
audit procedures), and documentation.
The review provides the ACO a basis for
granting, withholding, or withdrawing
approval of a contractor’s purchasing
system. An approved purchasing system
allows the contractor more autonomy in
subcontracting actions. Without an
approved purchasing system more
Government oversight is necessary, and
Government consent to subcontract is
required. Generally, a CPSR is not
performed for a specific contract.
Rather, CPSRs are conducted on
contractors based on the factors
identified above. For example, the
Defense Contract Management Agency
(DCMA) Contractor Purchasing System
Review Group is a group dedicated to
conducting CPSRs for the Department of
Defense. As of fiscal year (FY) 2018, the
group’s review workload included more
than 500 contractors worldwide.
The cognizant ACO is responsible for
granting, withholding, or withdrawing
approval of a contractor’s purchasing
system and for promptly notifying the
contractor of same (FAR 44.305–1).
Related administrative requirements
are as follows: FAR 44.305–2(c) requires
that when recommendations are made
for improvement of an approved system,
the contractor shall be requested to
reply within 15 days with a position
regarding the recommendations.
FAR 44.305–3(b) requires when
approval of the contractor’s purchasing
system is withheld or withdrawn, the
ACO shall within 10 days after
completing the in-plant review (1)
inform the contractor in writing, (2)
specify the deficiencies that must be
corrected to qualify the system for
approval, and (3) request the contractor
to furnish within 15 days a plan for
accomplishing the necessary actions. If
the plan is accepted, the ACO shall
make a follow-up review as soon as the
contractor notifies the ACO that the
deficiencies have been corrected.
C. Annual Burden
Respondents: 4,154.
Total Annual Responses: 11,982.
Total Burden Hours: 58,273.
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. 9000–0149, Subcontract
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Sfmt 4703
Consent and Contractors’ Purchasing
System Review.
Janet Fry,
Director, Federal Acquisition Policy Division,
Office of Governmentwide Acquisition Policy,
Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2021–27241 Filed 12–15–21; 8:45 a.m.]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0198; Docket No.
2021–0053; Sequence No. 14]
Information Collection; Certain Federal
Acquisition Regulation Part 9
Requirements
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 concerning certain Federal
Acquisition Regulation (FAR) part 9
requirements. DoD, GSA, and NASA
invite comments on: Whether the
proposed collection of 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 February 28,
2022. DoD, GSA, and NASA propose
that OMB extend its approval for use for
three additional years beyond the
current expiration date.
DATES: DoD, GSA, and NASA will
consider all comments received by
February 14, 2022.
ADDRESSES: DoD, GSA, and NASA
invite interested persons to submit
comments on this collection through
https://www.regulations.gov and follow
SUMMARY:
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Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Notices
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. 9000–0198,
Certain Federal Acquisition Regulation
Part 9 Requirements. 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:
Zenaida Delgado, Procurement Analyst,
at telephone 202–969–7207, or
zenaida.delgado@gsa.gov.
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and any
Associated Form(s):
9000–0198, Certain Federal
Acquisition Regulation Part 9
Requirements.
khammond on DSKJM1Z7X2PROD with NOTICES
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 of the expiration date of OMB
Control No. 9000–0198 and combines it
with the previously approved
information collections under OMB
Control Nos. 9000–0083 and 9000–0193,
with the new title ‘‘Certain Federal
Acquisition Regulation Part 9
Requirements’’. Upon approval of this
consolidated information collection,
OMB Control Nos. 9000–0083 and
9000–0193 will be discontinued. The
burden requirements previously
approved under the discontinued
numbers will be covered under OMB
Control No. 9000–0198.
This clearance covers the information
that offerors and contractors must
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submit to comply with the following
FAR requirements:
1. FAR 52.209–1, Qualification
Requirements. This clause requires
offerors to provide with their proposal:
Their name, the manufacturer’s name,
source’s name, item’s name, service
identification, and test number (if
known) for a proposed product or
service that has already been
determined to meet the qualification
standards. If an offeror, manufacturer,
source, product or service has met the
qualification requirement but is not yet
on a qualified products list, qualified
manufacturers list, or qualified bidders
list, this clause requires the offeror to
submit evidence of qualification prior to
award of a contract.
2. FAR 52.209–2, 52.209–10, and
52.212–3(n), Prohibition on Contracting
with Inverted Domestic Corporations.
FAR provision 52.209–2, Prohibition on
Contracting with Inverted Domestic
Corporations-Representation, and its
equivalent for commercial acquisitions
at FAR 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 contractors to
promptly notify the contracting officer
in the event the contractor becomes an
inverted domestic corporation or a
subsidiary of an inverted domestic
corporation during the period of
performance of the contract.
3. FAR 52.209–5, 52.209–6, and
52.212–3(h), Debarment, Suspension,
and other Responsibility Matters. FAR
provision 52.209–5, Certification
Regarding Responsibility Matters, and
its equivalent for commercial
acquisitions at FAR 52.212–3(h), require
the disclosure of the following critical
information by an offeror to be
considered by the contracting officer in
making a responsibility determination:
• Whether the offeror or any of its
principals have been—
Æ Debarred, suspended, proposed for
debarment, declared ineligible for
contract award;
Æ Within a three-year period
preceding their offer:
D Convicted of or had a civil
judgment rendered against them or
indicted for commission of a fraud or a
criminal offense in connection with
obtaining, attempting to obtain, or
performing a public (Federal, State, or
local) contract or subcontract, violation
of Federal or State antitrust statutes
relating to the submission of offers, or
commission of embezzlement, theft,
forgery, bribery, falsification or
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71501
destruction of records, making false
statements, tax evasion, violating
Federal criminal tax laws, or receiving
stolen property;
D Notified of any delinquent Federal
taxes in an amount that exceeds $10,000
for which the liability remains
unsatisfied;
D Had one or more contracts
terminated for default by any Federal
agency; or
D Are presently indicted for, or
otherwise criminally or civilly charged
by a governmental entity with
commission of any of the offenses
identified above.
If the offeror has responded
affirmatively to the certifications in the
FAR provisions at 52.209–5 or 52.212–
3(h), the offeror shall provide additional
information if requested by the
contracting officer. The offeror shall also
provide immediate written notice to the
contracting officer if, at any time prior
to contract award, the offeror learns that
its certification was erroneous when
submitted or has become erroneous by
reason of changed circumstances.
Paragraph (c) of the FAR clause at
52.209–6, Protecting the Government’s
Interest When Subcontracting with
Contractor’s Debarred, Suspended, or
Proposed for Debarment, requires the
contractor to require each proposed
subcontractor whose subcontract will
exceed $35,000, other than a
subcontractor providing a commercially
available off-the-shelf (COTS) item, 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 the FAR clause at
52.209–6 requires a corporate officer or
designee of the contractor to notify the
contracting officer, in writing, before
entering into a subcontract (for other
than COTS items) with a party that is
debarred, suspended, or proposed for
debarment. The written notice must
include: 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.
4. FAR 52.209–7 and 52.209–9,
Information Regarding Responsibility
Matters and Updates to that Publicly
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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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• 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
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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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]]>Agencies
[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Notices]
[Pages 71500-71502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27240]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0198; Docket No. 2021-0053; Sequence No. 14]
Information Collection; Certain Federal Acquisition Regulation
Part 9 Requirements
AGENCY: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: 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 concerning certain
Federal Acquisition Regulation (FAR) part 9 requirements. DoD, GSA, and
NASA invite comments on: Whether the proposed collection of 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 February 28, 2022. DoD, GSA, and NASA propose that OMB extend
its approval for use for three additional years beyond the current
expiration date.
DATES: DoD, GSA, and NASA will consider all comments received by
February 14, 2022.
ADDRESSES: DoD, GSA, and NASA invite interested persons to submit
comments on this collection through https://www.regulations.gov and
follow
[[Page 71501]]
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
[email protected]. Instructions: All items submitted must cite OMB
Control No. 9000-0198, Certain Federal Acquisition Regulation Part 9
Requirements. 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: Zenaida Delgado, Procurement Analyst,
at telephone 202-969-7207, or [email protected].
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and any Associated Form(s):
9000-0198, Certain Federal Acquisition Regulation Part 9
Requirements.
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 of the expiration date of
OMB Control No. 9000-0198 and combines it with the previously approved
information collections under OMB Control Nos. 9000-0083 and 9000-0193,
with the new title ``Certain Federal Acquisition Regulation Part 9
Requirements''. Upon approval of this consolidated information
collection, OMB Control Nos. 9000-0083 and 9000-0193 will be
discontinued. The burden requirements previously approved under the
discontinued numbers will be covered under OMB Control No. 9000-0198.
This clearance covers the information that offerors and contractors
must submit to comply with the following FAR requirements:
1. FAR 52.209-1, Qualification Requirements. This clause requires
offerors to provide with their proposal: Their name, the manufacturer's
name, source's name, item's name, service identification, and test
number (if known) for a proposed product or service that has already
been determined to meet the qualification standards. If an offeror,
manufacturer, source, product or service has met the qualification
requirement but is not yet on a qualified products list, qualified
manufacturers list, or qualified bidders list, this clause requires the
offeror to submit evidence of qualification prior to award of a
contract.
2. FAR 52.209-2, 52.209-10, and 52.212-3(n), Prohibition on
Contracting with Inverted Domestic Corporations. FAR provision 52.209-
2, Prohibition on Contracting with Inverted Domestic Corporations-
Representation, and its equivalent for commercial acquisitions at FAR
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 contractors to promptly notify the
contracting officer in the event the contractor becomes an inverted
domestic corporation or a subsidiary of an inverted domestic
corporation during the period of performance of the contract.
3. FAR 52.209-5, 52.209-6, and 52.212-3(h), Debarment, Suspension,
and other Responsibility Matters. FAR provision 52.209-5, Certification
Regarding Responsibility Matters, and its equivalent for commercial
acquisitions at FAR 52.212-3(h), require the disclosure of the
following critical information by an offeror to be considered by the
contracting officer in making a responsibility determination:
Whether the offeror or any of its principals have been--
[cir] Debarred, suspended, proposed for debarment, declared
ineligible for contract award;
[cir] Within a three-year period preceding their offer:
[ssquf] Convicted of or had a civil judgment rendered against them
or indicted for commission of a fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) contract or subcontract, violation of
Federal or State antitrust statutes relating to the submission of
offers, or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, tax
evasion, violating Federal criminal tax laws, or receiving stolen
property;
[ssquf] Notified of any delinquent Federal taxes in an amount that
exceeds $10,000 for which the liability remains unsatisfied;
[ssquf] Had one or more contracts terminated for default by any
Federal agency; or
[ssquf] Are presently indicted for, or otherwise criminally or
civilly charged by a governmental entity with commission of any of the
offenses identified above.
If the offeror has responded affirmatively to the certifications in
the FAR provisions at 52.209-5 or 52.212-3(h), the offeror shall
provide additional information if requested by the contracting officer.
The offeror shall also provide immediate written notice to the
contracting officer if, at any time prior to contract award, the
offeror learns that its certification was erroneous when submitted or
has become erroneous by reason of changed circumstances.
Paragraph (c) of the FAR clause at 52.209-6, Protecting the
Government's Interest When Subcontracting with Contractor's Debarred,
Suspended, or Proposed for Debarment, requires the contractor to
require each proposed subcontractor whose subcontract will exceed
$35,000, other than a subcontractor providing a commercially available
off-the-shelf (COTS) item, 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 the FAR clause at 52.209-6 requires a corporate
officer or designee of the contractor to notify the contracting
officer, in writing, before entering into a subcontract (for other than
COTS items) with a party that is debarred, suspended, or proposed for
debarment. The written notice must include: 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.
4. FAR 52.209-7 and 52.209-9, Information Regarding Responsibility
Matters and Updates to that Publicly
[[Page 71502]]
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--
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 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 [email protected]. 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
