Submission for OMB Review; Certain Federal Acquisition Regulation Part 9 Requirements, 11982-11984 [2025-04004]
Download as PDF
<![CDATA[
11982
Federal Register / Vol. 90, No. 48 / Thursday, March 13, 2025 / Notices
Government to make payments under
the contract by EFT:
• The contract number (or other
procurement identification number).
• The contractor’s name and
remittance address.
• The signature, title, and telephone
number of the contractor official
authorized to provide this information.
• The name, address, and 9-digit
Routing Transit Number of the
contractor’s financial agent.
• The contractor’s account number
and the type of account.
• If applicable, the Fedwire Transfer
System telegraphic abbreviation of the
contractor’s financial agent.
• If applicable, the contractor must
provide the name, address, telegraphic
abbreviation, and 9-digit Routing
Transit Number of the correspondent
financial institution receiving the wire
transfer payment if the contractor’s
financial agent is not directly on-line to
the Fedwire Transfer System.
31 U.S.C.3332 requires, subject to
implementing regulations of the
Secretary of the Treasury at 31 CFR part
208, that EFT be used to make all
contract payments.
The information is used to enable the
Government to make contract payments
by EFT.
C. Annual Burden
Respondents: 273,518.
Total Annual Responses: 1,789,889.
Total Burden Hours: 462,859.
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. 9000–0073, Certain Federal
Acquisition Regulation Part 32
Requirements.
Janet Fry,
Director, Federal Acquisition Policy Division,
Office of Governmentwide Acquisition Policy,
Office of Acquisition Policy, Office of
Governmentwide Policy.
khammond on DSK9W7S144PROD with NOTICES
[FR Doc. 2025–04019 Filed 3–12–25; 8:45 am]
BILLING CODE 6820–EP–P
VerDate Sep<11>2014
16:14 Mar 12, 2025
Jkt 265001
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0198; Docket No.
2024–0053; Sequence No. 20]
Submission for OMB Review; Certain
Federal Acquisition Regulation Part 9
Requirements
Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Notice.
AGENCY:
Under the provisions of the
Paperwork Reduction Act, the
Regulatory Secretariat Division has
submitted to the Office of Management
and Budget (OMB) a request to review
and approve an extension of a
previously approved information
collection requirement regarding certain
Federal Acquisition Regulation (FAR)
part 9 requirements.
DATES: Submit comments on or before
April 14, 2025.
ADDRESSES: Written comments and
recommendations for this information
collection should be sent within 30 days
of publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
Review—Open for Public Comments’’ or
by using the search function.
FOR FURTHER INFORMATION CONTACT:
FARPolicy@gsa.gov or call 202–969–
4075.
SUMMARY:
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
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
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
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:
• 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;
• Notified of any delinquent Federal
taxes in an amount that exceeds $10,000
for which the liability remains
unsatisfied;
• Had one or more contracts
terminated for default by any Federal
agency; or
• Are presently indicted for, or
otherwise criminally or civilly charged
E:\FR\FM\13MRN1.SGM
13MRN1
khammond on DSK9W7S144PROD with NOTICES
Federal Register / Vol. 90, No. 48 / Thursday, March 13, 2025 / Notices
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
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
VerDate Sep<11>2014
16:14 Mar 12, 2025
Jkt 265001
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.
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
11983
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
E:\FR\FM\13MRN1.SGM
13MRN1
11984
Federal Register / Vol. 90, No. 48 / Thursday, March 13, 2025 / Notices
determine an offeror’s responsibility for
contract award.
C. Annual Burden
Respondents: 1,973,803.
Total Annual Responses: 2,177,511.
Total Burden Hours: 1,125,803.
(589,703 reporting hours + 536,100
recordkeeping hours).
D. Public Comment
A 60-day notice was published in the
Federal Register at 89 FR 102145, on
December 17, 2024. No comments were
received.
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. 2025–04004 Filed 3–12–25; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2024–N–3779]
Jonathan Corbett Cosie: Final
Debarment Order
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA) is issuing an
order under the Federal Food, Drug, and
Cosmetic Act (FD&C Act) debarring
Jonathan Corbett Cosie for a period of 10
years from importing or offering for
import any drug into the United States.
FDA bases this order on a finding that
Mr. Cosie was convicted of two felony
counts under Federal law for
introducing misbranded drugs into
interstate commerce with the intent to
defraud and mislead. The factual basis
supporting Mr. Cosie’s conviction, as
described below, is conduct relating to
the importation into the United States of
a drug or controlled substance. Mr.
Cosie was given notice of the proposed
debarment and was given an
opportunity to request a hearing to show
why he should not be debarred. As of
January 6, 2025 (30 days after receipt of
khammond on DSK9W7S144PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:14 Mar 12, 2025
Jkt 265001
the notice), Mr. Cosie had not
responded. Mr. Cosie’s failure to
respond and request a hearing
constitutes a waiver of his right to a
hearing concerning this matter.
DATES: This order is applicable March
13, 2025.
ADDRESSES: Any application by Mr.
Cosie for termination of debarment
under section 306(d)(1) of the FD&C Act
(21 U.S.C. 335a(d)(1)) may be submitted
at any time as follows:
Electronic Submissions
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
An application submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
application will be made public, you are
solely responsible for ensuring that your
application does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
application, that information will be
posted on https://www.regulations.gov.
• If you want to submit an
application with confidential
information that you do not wish to be
made available to the public, submit the
application as a written/paper
submission and in the manner detailed
(see ‘‘Written/Paper Submissions’’ and
‘‘Instructions’’).
Written/Paper Submissions
• Mail/Hand Delivery/Courier (for
written/paper submissions): Dockets
Management Staff (HFA–305), Food and
Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For a written/paper application
submitted to the Dockets Management
Staff, FDA will post your application, as
well as any attachments, except for
information submitted, marked and
identified, as confidential, if submitted
as detailed in ‘‘Instructions.’’
Instructions: All applications must
include the Docket No. FDA–2024–N–
3779. Received applications will be
placed in the docket and, except for
those submitted as ‘‘Confidential
Submissions,’’ publicly viewable at
https://www.regulations.gov or at the
Dockets Management Staff between 9
a.m. and 4 p.m., Monday through
Friday, 240–402–7500.
• Confidential Submissions—To
submit an application with confidential
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
information that you do not wish to be
made publicly available, submit your
application only as a written/paper
submission. You should submit two
copies total. One copy will include the
information you claim to be confidential
with a heading or cover note that states
‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ The
Agency will review this copy, including
the claimed confidential information, in
its consideration of your application.
The second copy, which will have the
claimed confidential information
redacted/blacked out, will be available
for public viewing and posted on
https://www.regulations.gov. Submit
both copies to the Dockets Management
Staff. Any information marked as
‘‘confidential’’ will not be disclosed
except in accordance with 21 CFR 10.20
and other applicable disclosure law. For
more information about FDA’s posting
of comments to public dockets, see 80
FR 56469, September 18, 2015, or access
the information at: https://
www.govinfo.gov/content/pkg/FR-201509-18/pdf/2015-23389.pdf.
Docket: For access to the docket, go to
https://www.regulations.gov and insert
the docket number, found in brackets in
the heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Dockets Management
Staff, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852 between 9 a.m.
and 4 p.m., Monday through Friday,
240–402–7500. Publicly available
submissions may be seen in the docket.
FOR FURTHER INFORMATION CONTACT:
Jaime Espinosa, Division of Field
Enforcement, Office of Field Regulatory
Operations, Office of Inspections and
Investigations, Food and Drug
Administration, 240–402–8743, or
debarments@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 306(b)(1)(D) of the FD&C Act
permits debarment of an individual
from importing or offering for import
any drug into the United States if FDA
finds, as required by section 306(b)(3)(C)
of the FD&C Act, that the individual has
been convicted of a felony for conduct
relating to the importation into the
United States of any drug or controlled
substance.
On July 30, 2024, Mr. Cosie was
convicted as defined in section 306(l)(1)
of the FD&C Act in the U.S. District
Court for the Middle District of FloridaJacksonville Division when the court
accepted his plea of guilty and entered
judgment against him for two counts of
introducing misbranded drugs into
interstate commerce with the intent to
E:\FR\FM\13MRN1.SGM
13MRN1
]]>Agencies
[Federal Register Volume 90, Number 48 (Thursday, March 13, 2025)]
[Notices]
[Pages 11982-11984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04004]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0198; Docket No. 2024-0053; Sequence No. 20]
Submission for OMB Review; 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.
-----------------------------------------------------------------------
SUMMARY: Under the provisions of the Paperwork Reduction Act, the
Regulatory Secretariat Division has submitted to the Office of
Management and Budget (OMB) a request to review and approve an
extension of a previously approved information collection requirement
regarding certain Federal Acquisition Regulation (FAR) part 9
requirements.
DATES: Submit comments on or before April 14, 2025.
ADDRESSES: Written comments and recommendations for this information
collection should be sent within 30 days of publication of this notice
to www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: [email protected] or call 202-969-
4075.
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
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:
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;
Notified of any delinquent Federal taxes in an amount that
exceeds $10,000 for which the liability remains unsatisfied;
Had one or more contracts terminated for default by any
Federal agency; or
Are presently indicted for, or otherwise criminally or
civilly charged
[[Page 11983]]
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 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
[[Page 11984]]
determine an offeror's responsibility for contract award.
C. Annual Burden
Respondents: 1,973,803.
Total Annual Responses: 2,177,511.
Total Burden Hours: 1,125,803. (589,703 reporting hours + 536,100
recordkeeping hours).
D. Public Comment
A 60-day notice was published in the Federal Register at 89 FR
102145, on December 17, 2024. No comments were received.
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. 2025-04004 Filed 3-12-25; 8:45 am]
BILLING CODE 6820-EP-P
