Information Collection; Federal Acquisition Regulation Part 3: Improper Business Practices and Personal Conflicts of Interest, 2952-2953 [2024-00761]

Agencies

• DEPARTMENT OF DEFENSE
• General Services Administration
• National Aeronautics and Space Administration

[Federal Register Volume 89, Number 11 (Wednesday, January 17, 2024)]
[Notices]
[Pages 2952-2953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00761]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0018; Docket No. 2024-0053; Sequence No. 2]


Information Collection; Federal Acquisition Regulation Part 3: 
Improper Business Practices and Personal Conflicts of Interest

AGENCY: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).
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    \2\ Notice that the registered/certified & overnight mailing 
deadline falls on a weekend or federal holiday. The report should be 
postmarked before that date.

ACTION: Notice and request for comments.

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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 an extension concerning Federal 
Acquisition Regulation (FAR) part 3, Improper Business Practices and 
Personal Conflicts of Interest. 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 April 30, 2024. 
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 March 
18, 2024.

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-
0018, Federal Acquisition Regulation Part 3: Improper Business 
Practices and Personal Conflicts of Interest. Comments received 
generally will be posted without change to https://www.regulations.gov, 
including any personal and/or business confidential information 
provided. To confirm receipt of your comment(s), please check 
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)

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

B. Need and Uses

    This clearance covers the information that offerors and contractors 
must submit to comply with the following FAR part 3 requirements:
     FAR 52.203-2, Certificate of Independent Price 
Determination. This provision requires offerors to include with their 
offer a certification that their prices have been arrived at 
independently, have not been or will not be knowingly disclosed, and 
have not been submitted for the purpose of restricting competition. 
Prior to making an award, a contracting officer will ensure the offeror 
has provided the

[[Page 2953]]

certification. An offer will not be considered for award where the 
certificate has been deleted or modified. Federal agencies will report 
to the Attorney General for investigation any deletions or 
modifications of the certificate and suspected false certificates.
     FAR 52.203-7, Anti-Kickback Procedures. This clause 
requires contractors to report in writing to the inspector general of 
the contracting agency, the head of the contracting agency if the 
agency does not have an inspector general, or the Attorney General 
possible violations of 41 U.S.C. chapter 87, Kickbacks. The clause also 
requires the contractor to notify the contracting officer when monies 
are withheld from sums owed a subcontractor under the prime contract, 
when the contracting officer has directed the prime contractor to do so 
to offset the amount of a kickback. The Federal agency will use the 
information reported by contractors to investigate suspected 
violations. The notification to the contracting officer of a 
withholding of payment to a subcontractor is used to help the 
contracting officer ensure the amount of a kickback is appropriately 
offset.
     FAR 52.203-13, Contractor Code of Business Ethics and 
Conduct. This clause requires contractors and subcontractors to report 
to the agency Office of the Inspector General when the contractor has 
credible evidence that a principal, employee, agent, or subcontractor 
has committed a violation of Federal criminal law involving fraud, 
conflict of interest, bribery, or gratuity violations found in title 18 
U.S.C., or a violation of the Civil False Claims Act (31 U.S.C. 3729-
3733). The Federal agency will use the information reported by 
contractors to investigate suspected violations.
     FAR 52.203-16, Preventing Personal Conflicts of Interest. 
This clause requires contractors and subcontractors to obtain and 
maintain from each employee a disclosure of interests that might be 
affected by the task to which the employee has been assigned under the 
contract. Contractors and subcontractors must report to the contracting 
officer any personal conflict of interest violation by an employee and 
the proposed corrective/follow-up actions to be taken. In exceptional 
circumstances, the contractor may request the head of the contracting 
activity approve a plan to mitigate a personal conflict of interest or 
waive the requirement to prevent personal conflicts of interest. The 
information is used by the contractor and the contracting officer to 
identify and mitigate personal conflicts of interest.

C. Annual Burden

    Respondents: 9,642.
    Recordkeepers: 9,147.
    Total Annual Responses: 352,296.
    Total Burden Hours: 677,460. (128,640 reporting hours + 548,820 
recordkeeping hours).
    Obtaining Copies: Requesters may obtain a copy of the information 
collection documents from the GSA Regulatory Secretariat Division by 
calling 202-501-4755 or emailing [email protected]. Please cite OMB 
Control No. 9000-0018, Federal Acquisition Regulation Part 3: Improper 
Business Practices and Personal Conflicts of Interest.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2024-00761 Filed 1-16-24; 8:45 am]
BILLING CODE 6820-EP-P