Notice2021-27246
Information Collection; Certain Federal Acquisition Regulation Part 16 Contract Pricing Requirements
Primary source
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Published
December 17, 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 16 contract pricing 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 240 (Friday, December 17, 2021)</title>
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[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Notices]
[Pages 71641-71642]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27246]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0067; Docket No. 2021-0053; Sequence No. 16]
Information Collection; Certain Federal Acquisition Regulation
Part 16 Contract Pricing 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 16 contract pricing
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 15, 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 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#87c0d4c6d5e2e0d4e2e4c7e0f4e6a9e0e8f1"><span class="__cf_email__" data-cfemail="aaedf9ebf8cfcdf9cfc9eacdd9cb84cdc5dc">[email protected]</span></a>.
Instructions: All items submitted must cite OMB Control No. 9000-
0067, Certain Federal Acquisition Regulation Part 16 Contract Pricing
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: Jennifer Hawes, Procurement Analyst,
at telephone 202-969-7386, or <a href="/cdn-cgi/l/email-protection#3258575c5c5b5457401c5a53455741725541531c555d44"><span class="__cf_email__" data-cfemail="d7bdb2b9b9beb1b2a5f9bfb6a0b2a497b0a4b6f9b0b8a1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and Any Associated Form(s)
9000-0067, Certain Federal Acquisition Regulation Part 16 Contract
Pricing 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 OMB Control No. 9000-
0067 and combines it with the previously approved information
collections under OMB Control Nos. 9000-0068 and 9000-0071, with the
new title ``Certain Federal Acquisition Regulation Part 16 Contract
Pricing Requirements''. Upon approval of this consolidated information
collection, OMB Control Nos. 9000-0068 and 9000-0071 will be
discontinued. The burden requirements previously approved under the
discontinued numbers will be covered under OMB Control No. 9000-0067.
This clearance covers the information that contractors must submit
to comply with the following FAR requirements:
[[Page 71642]]
<bullet> FAR 52.216-2, Economic Price Adjustment-Standard Supplies;
FAR 52.216-3, Economic Price Adjustment-Semistandard Supplies; and FAR
52.216-4, Economic Price Adjustment-Labor and Material. These clauses
require contractors on contracts that provide for economic price
adjustments to promptly notify the contracting officer of any increases
or decreases to established prices or labor rates (including fringe)
because of certain contingencies, such as increases or decreases to
established catalog or market prices or changes to cost indexes for
labor or materials. The contracting officer uses the information
provided by the contractor to negotiate price adjustments under the
contract due to the contingency specified in the contract.
<bullet> FAR 52.216-5, Price Redetermination-Prospective. Paragraph
(c) of this clause requires a contractor on a fixed-price contract with
prospective price redetermination to submit to the Government (within
an agreed upon timeframe) a statement of costs incurred for the most
recent period of performance, the proposed prices for the upcoming
contract period, and any supporting or relevant documentation. Per
paragraph (h) of this clause, during periods where firm prices have not
been established, the contractor must also submit quarterly statements
that includes a breakdown of total contract prices, costs, and profit
incurred and all invoices accepted for delivered items or services for
which final prices have not been established. The contracting officer
uses the information to negotiate/redetermine fair and reasonable
prices for supplies and services that may be delivered or performed
under the contract in the period following the effective date of price
redetermination.
<bullet> FAR 52.216-6, Price Redetermination-Retroactive. Paragraph
(c) of this clause requires a contractor on a fixed-ceiling-price
contract with retroactive price redetermination to submit to the
Government (within an agreed upon timeframe after completion of the
contract) the proposed prices, all costs incurred in performing the
contract, and any supporting or relevant documentation. Per paragraph
(g) of this clause, until final price redetermination has been
completed, the contractor must also submit a quarterly statement that
includes a breakdown of total contract prices, costs, and interim
profit incurred and all invoices accepted for delivered items. The
contracting officer uses the information provided by the contractor to
negotiate/redetermine fair and reasonable prices for supplies and
services that have already been delivered or performed under the
contract.
<bullet> FAR 52.216-16, Incentive Price Revision-Firm Target; and
FAR 52.216-17, Incentive Price Revision-Successive Targets. These
clauses require contractors on fixed price incentive (firm or
successive target) contracts to submit to the Government on a quarterly
basis a statement regarding total contract prices, costs, portions of
interim profit, and amounts of invoices or vouchers for completed work
that is cumulative from the beginning of the contract (see 52.216-16(g)
and 52.216-17(i)). Upon final delivery of supplies or completion of
services for covered line items, the contractor is required to submit a
detailed statement of all costs incurred up to the end of that month in
performing all work under the items; an estimate of costs of further
performance, if any, that may be necessary to complete performance of
all work under the items; a list of all residual inventory and an
estimate of its value; and any other relevant data that the Contracting
Officer may reasonably require (see 52.216-16(c) and 52.216-17(e)).
Paragraph (c) of 52.216-17 also requires submission of data for
establishing the firm fixed price or a final profit adjustment formula.
The contracting officer uses the information provided by the contractor
to evaluate the contractor's performance in meeting the incentive
target and to negotiate the final prices of incentive-related items and
services.
C. Annual Burden
Respondents: 9,162.
Total Annual Responses: 61,580.
Total Burden Hours: 114,743.
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#1b5c485a497e7c487e785b7c687a357c746d"><span class="__cf_email__" data-cfemail="c88f9b899aadaf9badab88afbba9e6afa7be">[email protected]</span></a>. Please cite OMB
Control No. 9000-0067, Certain Federal Acquisition Regulation Part 16
Contract Pricing Requirements.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide
Acquisition Policy, Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2021-27246 Filed 12-16-21; 8:45 am]
BILLING CODE 6820-EP-P
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