Notice2021-27240
Information Collection; Certain Federal Acquisition Regulation Part 9 Requirements
Primary source
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Published
December 16, 2021
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 239 (Thursday, December 16, 2021)</title>
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[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Notices]
[Pages 71500-71502]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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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 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
<a href="/cdn-cgi/l/email-protection#7e392d3f2c1b192d1b1d3e190d1f50191108"><span class="__cf_email__" data-cfemail="0f485c4e5d6a685c6a6c4f687c6e21686079">[email protected]</span></a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal and/or business
confidential information provided. To confirm receipt of your
comment(s), please check <a href="http://www.regulations.gov">www.regulations.gov</a>, approximately two-to-
three days after submission to verify posting.
FOR FURTHER INFORMATION CONTACT: Zenaida Delgado, Procurement Analyst,
at telephone 202-969-7207, or <a href="/cdn-cgi/l/email-protection#2c5649424d45484d024849404b4d48436c4b5f4d024b435a"><span class="__cf_email__" data-cfemail="f389969d929a9792dd97969f9492979cb3948092dd949c85">[email protected]</span></a>.
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:
<bullet> 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
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Available Information. FAR provision 52.209-7, Information Regarding
Responsibility Matters, requires each offeror to represent whether it
has current active Federal contracts and grants with a total value
greater than $10 million. The provision also requires each offeror to
post in the Federal Awardee Performance and Integrity Information
System (FAPIIS), as required by maintaining an active registration in
the System for Award Management (SAM), information on whether the
offeror and/or any of its principals has, or has not, within the past
five years, in connection with the award to or performance by the
offeror of a federal contract or grant, been the subject of a
proceeding, at the Federal or State level, that resulted in:
(a) A criminal conviction in the case of a criminal proceeding;
(b) The finding of fault and liability in a civil proceeding
resulting in the payment of $5,000 or more in damages, restitution,
reimbursement, fine or penalty;
(c) The finding of fault and liability in an administrative
proceeding resulting in the payment of a monetary fine or penalty of
$5,000 or more, or the payment of a reimbursement, restitution, or
damages in excess of $100,000; or
(d) In a criminal, civil, or administrative proceeding, a
disposition of the matter by consent or compromise with an
acknowledgement of fault by the contractor if the proceeding could have
led to any of the outcomes specified in (4)(a) through (c) above.
Paragraph (a) of the FAR clause 52.209-9, Updates of Publicly
Available Information Regarding Responsibility Matters, requires
contractors to update the information in FAPIIS on a semiannual basis,
throughout the life of the contract, by posting the information in SAM.
Paragraph (c) of the FAR clause 52.209-9 informs contractors of their
ability to provide feedback on information posted by the Government in
FAPIIS and the procedure to follow in the event information exempt from
public disclosure is slated to become publicly available information in
FAPIIS.
5. FAR 52.209-11, 52.209-12, and 52.212-3(q), Prohibition on
Contracting With Corporations with Delinquent Taxes or a Felony
Conviction. FAR provision 52.209-11, Representation by Corporations
Regarding Delinquent Tax Liability or a Felony Conviction under any
Federal Law, and its equivalent for commercial acquisitions at FAR
52.212-3(q), require offerors to represent whether the offeror is a
corporation that--
<bullet> 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
<bullet> 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--
<bullet> Has filed all Federal tax returns required during the
three years preceding the certification;
<bullet> Has not been convicted of a criminal offense under the
Internal Revenue Code of 1986; and
<bullet> 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--
<bullet> 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
<bullet> 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 <a href="/cdn-cgi/l/email-protection#e8afbba9ba8d8fbb8d8ba88f9b89c68f879e"><span class="__cf_email__" data-cfemail="de998d9f8cbbb98dbbbd9eb9adbff0b9b1a8">[email protected]</span></a>. 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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