Information Collection; Certain Federal Acquisition Regulation Part 9 Requirements, 71500-71502 [2021-27240]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 71500 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. VerDate Sep<11>2014 16:54 Dec 15, 2021 Jkt 256001 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 PO 00000 Frm 00084 Fmt 4703 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: E:\FR\FM\16DEN1.SGM 16DEN1 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 VerDate Sep<11>2014 16:54 Dec 15, 2021 Jkt 256001 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 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 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 E:\FR\FM\16DEN1.SGM 16DEN1 khammond on DSKJM1Z7X2PROD with NOTICES 71502 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— VerDate Sep<11>2014 16:54 Dec 15, 2021 Jkt 256001 • 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 PO 00000 Frm 00086 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: E:\FR\FM\16DEN1.SGM 16DEN1

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]


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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
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