Information Collection; Subcontract Consent and Contractors' Purchasing System Review, 71499-71500 [2021-27241]
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Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Notices
in individual cases, to terminate this
waiting period prior to its expiration
and requires that notice of this action be
published in the Federal Register.
The following transactions were
granted early termination—on the dates
indicated—of the waiting period
provided by law and the premerger
notification rules. The listing for each
transaction includes the transaction
number and the parties to the
transaction. The Federal Trade
Commission and the Assistant Attorney
71499
General for the Antitrust Division of the
Department of Justice made the grants.
Neither agency intends to take any
action with respect to these proposed
acquisitions during the applicable
waiting period.
EARLY TERMINATIONS GRANTED
[11/01/2021 12:00:00 a.m., 11/30/2021 12:00:00 a.m.]
11/05/2021
20211232 ........
S
20211233 ........
S
The Golub Voting Trust Agreement dated November 24, 2008; Tops Markets Corporation; The Golub Voting Trust Agreement dated November 24, 2008.
Tops Markets Corporation; The Golub Voting Trust Agreement dated November 24, 2008; Tops Markets Corporation.
11/09/2021
20211525 ........
S
ANI Pharmaceuticals, Inc.; Esjay LLC; ANI Pharmaceuticals, Inc.
FOR FURTHER INFORMATION CONTACT:
Theresa Kingsberry (202–326–3100),
Program Support Specialist, Federal
Trade Commission Premerger
Notification Office, Bureau of
Competition, Room CC–5301,
Washington, DC 20024.
By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2021–27174 Filed 12–15–21; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0149; Docket No.
2021–0053; Sequence No. 15]
Information Collection; Subcontract
Consent and Contractors’ Purchasing
System Review
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 subcontract
consent and Contractors’ Purchasing
System Review. 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
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:54 Dec 15, 2021
Jkt 256001
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
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. 9000–0149,
Subcontract Consent and Contractors’
Purchasing System Review. 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,
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
at telephone 202–969–7207, or
zenaida.delgado@gsa.gov.
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and
Any Associated Form(s)
9000–0149, Subcontract Consent and
Contractors’ Purchasing System Review.
B. Need and Uses
This clearance covers the information
that a contractor must submit to comply
with the requirements in Federal
Acquisition Regulation (FAR) 52.244–2,
Subcontracts, regarding consent to
subcontract, advance notification, and
Contractors’ purchasing system review
as follows:
1. Consent to subcontract. This is the
contracting officer’s written consent for
the prime contractor to enter into a
particular subcontract. In order for the
contracting officer responsible for
consent to make an informed decision,
the prime contractor must submit
adequate information to ensure that the
proposed subcontract is appropriate for
the risks involved and consistent with
current policy and sound business
judgment. The review allows the
Government to determine whether the
contractor’s purchasing policies and
practices are efficient and adequately
protect the Government’s interests.
If the contractor has an approved
purchasing system, consent is required
for subcontracts specifically identified
by the contracting officer in the
subcontracts clause of the contract. The
contracting officer may require consent
to subcontract if the contracting officer
has determined that an individual
consent action is required to protect the
Government adequately because of the
subcontract type, complexity, or value,
or because the subcontract needs special
surveillance. These can be subcontracts
E:\FR\FM\16DEN1.SGM
16DEN1
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
]]>Agencies
[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Notices]
[Pages 71499-71500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27241]
=======================================================================
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0149; Docket No. 2021-0053; Sequence No. 15]
Information Collection; Subcontract Consent and Contractors'
Purchasing System Review
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 subcontract
consent and Contractors' Purchasing System Review. 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 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-
0149, Subcontract Consent and Contractors' Purchasing System Review.
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)
9000-0149, Subcontract Consent and Contractors' Purchasing System
Review.
B. Need and Uses
This clearance covers the information that a contractor must submit
to comply with the requirements in Federal Acquisition Regulation (FAR)
52.244-2, Subcontracts, regarding consent to subcontract, advance
notification, and Contractors' purchasing system review as follows:
1. Consent to subcontract. This is the contracting officer's
written consent for the prime contractor to enter into a particular
subcontract. In order for the contracting officer responsible for
consent to make an informed decision, the prime contractor must submit
adequate information to ensure that the proposed subcontract is
appropriate for the risks involved and consistent with current policy
and sound business judgment. The review allows the Government to
determine whether the contractor's purchasing policies and practices
are efficient and adequately protect the Government's interests.
If the contractor has an approved purchasing system, consent is
required for subcontracts specifically identified by the contracting
officer in the subcontracts clause of the contract. The contracting
officer may require consent to subcontract if the contracting officer
has determined that an individual consent action is required to protect
the Government adequately because of the subcontract type, complexity,
or value, or because the subcontract needs special surveillance. These
can be subcontracts
[[Page 71500]]
for critical systems, subsystems, components, or services.
If the contractor does not have an approved purchasing system,
consent to subcontract is required for cost-reimbursement, 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.
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 [email protected]. Please cite OMB
Control No. 9000-0149, Subcontract 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
