Notice2022-03794
Information Collection; Federal Acquisition Regulation Part 23 Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 23, 2022
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 an extension concerning Federal Acquisition Regulation (FAR) part 23 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 April 30, 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 87 Issue 36 (Wednesday, February 23, 2022)</title>
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[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10214-10215]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03794]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0107; Docket No. 2022-0053; Sequence No. 8]
Information Collection; Federal Acquisition Regulation Part 23
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 an extension concerning Federal
Acquisition Regulation (FAR) part 23 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 April 30, 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 April
25, 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#1a5d495b487f7d497f795a7d697b347d756c"><span class="__cf_email__" data-cfemail="25627664774042764046654256440b424a53">[email protected]</span></a>.
Instructions: All items submitted must cite OMB Control No. 9000-
0107, Federal Acquisition Regulation Part 23 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#f09a959e9e99969582de9891879583b0978391de979f86"><span class="__cf_email__" data-cfemail="bbd1ded5d5d2dddec995d3daccdec8fbdcc8da95dcd4cd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and Any Associated Form(s)
OMB control number 9000-0107, Federal Acquisition Regulation Part
23 Requirements.
B. Need and Uses
This clearance covers the information that offerors and contractors
must submit to comply with the following FAR Part 23 requirements:
<bullet> FAR 52.223-2, Affirmative Procurement of Biobased Products
Under Service and Construction Contracts. This clause requires the
contractor to report annually the product types and dollar value of any
United States Department of Agriculture-designated biobased products
purchased by the Contractor during the previous Government fiscal year.
The Government uses this information to assess compliance, and measure
progress, in carrying out the preference for USDA-designated biobased
products.
<bullet> FAR 52.223-5, Pollution Prevention and Right-to-Know
Information. This clause requires a contractor that is performing at a
federal facility to provide all information needed by the federal
facility to comply with Emergency Planning and Community Right-to-Know
Act of 1986 (EPCRA) (42 U.S.C. 11001-11050) and the Pollution
Prevention Act of 1990 (42 U.S.C. 13101-13109). Contractors report
information related to emergency planning and hazardous chemicals
reporting, toxic chemical release, its environmental management system
(EMS), and a facility compliance audit or EMS audit. Government
facility managers use this information to ensure the facility is able
to comply with the following statutory or other requirements: Prepare
the annual inventory of hazardous chemicals and submit safety data
sheets on hazardous chemicals used or stored in the facility to their
State Emergency Response Commission (SERC), Local Emergency Planning
Committee (LEPC), and local fire department; report toxic chemical
release information to the Environmental Protection Agency (EPA) Toxic
Release Inventory Program; implement an EMS and conduct EMS self-
assessments; undergo a facility compliance audit.
<bullet> FAR 52.223-6, Drug-Free Workplace. This clause requires a
contractor to require its employees to notify it of any criminal drug
statute conviction for a violation occurring in the workplace no later
than five days after such conviction. The contractor is further
required to notify the contracting officer in writing within ten days
after receiving notice of an employee conviction. The Government uses
this information to ensure contractor compliance with the statutory
requirements to maintain a drug-free
[[Page 10215]]
workplace. The information is also used by the contracting officer to
understand any impacts on contract performance.
<bullet> FAR 52.223-7, Notice of Radioactive Material. This clause
requires the contractor to notify the contracting officer or a designee
in writing prior to the delivery of, or prior to completion of any
servicing required by the contract of, items containing certain
radioactive material. The notice shall specify the part or parts of the
items which contain radioactive materials, the name and activity of the
isotope, the manufacturer of the materials, and any other information
known to the contractor which will put users of the items on notice as
to the hazards involved. If there has been no change affecting the
quantity of activity, or the characteristics and composition of the
radioactive material from deliveries under the contract or prior
contracts, then the contractor may request in writing that the
contracting officer or designee waive this notice requirement. The
Government uses this information to ensures that required licenses are
obtained and appropriate personnel are provided adequate notification
to institute any necessary safety and health precautions in handling
the items with radioactive materials.
<bullet> FAR 52.223-9, Estimate of Percentage of Recovered Material
Content for EPA-Designated Items. This clause requires the contractor,
upon completion of the contract, to submit to the Government an
estimate of the percentage of the total recovered material content for
EPA-designated item(s) delivered and/or used in contract performance,
including, if applicable, the percentage of post-consumer material
content. For contracts where the estimates can be verified, the
contractor shall instead provide the certification required by the
Resource Conservation and Recovery Act of 1976 (42 U.S.C.
6962(i)(2)(C)) that the percentage of recovered material content for
EPA-designated items met the requirements of the contract. The
contracting officer uses this information to verify contractor
compliance with contract requirements regarding the use of recovered
materials. Additionally, agencies will use the information in the
annual review and monitoring of the effectiveness of their affirmative
procurement programs.
<bullet> FAR 52.223-11, Ozone-Depleting Substances and High Global
Warming Potential Hydrofluorocarbons. This clause requires the
contractor to report annually and at the end of contract performance
the amount in pounds of any hydrofluorocarbons (or refrigerant blends
containing hydrofluorocarbons) added or taken out of any equipment or
appliances to be delivered under the contract The reporting requirement
applies to equipment that normally each contain 50 or more pounds of
hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons.
The Government gathers this information to identify the amount of
ozone-depleting substances and High Global Warming Potential
Hydrofluorocarbons that are contained in certain equipment purchased by
the Government.
<bullet> FAR 52.223-12, Maintenance, Service, Repair, or Disposal
of Refrigeration Equipment and Air Conditioners. This clause requires
the contractor to report annually and at the end of contract
performance the amount in pounds of any hydrofluorocarbons (or
refrigerant blends containing hydrofluorocarbons) added or taken out of
refrigeration or air conditioning equipment to be maintained, serviced,
repaired, or disposed of under the contract. The reporting requirement
applies to equipment that normally each contain 50 or more pounds of
hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons.
The Government gathers this information to identify the amount of
ozone-depleting substances and High Global Warming Potential
Hydrofluorocarbons are contained in certain equipment maintained by the
Government.
<bullet> FAR 52.223-22, Public Disclosure of Greenhouse Gas
Emissions and Reduction Goals--Representation. This provision requires
offerors that received $7.5 million or more in total contract awards
during the previous Federal fiscal year to represent whether it
publicly discloses (itself or through its immediate or highest-level
owner) its greenhouse gas emissions and a quantitative greenhouse gas
reduction goal. If the offeror publicly discloses such information, the
offeror is required to provide the website(s) where the information is
made publicly available. The representation is voluntary for offerors
below the threshold. The Government uses this information to assess
supplier greenhouse gas management practices and to assist agencies in
developing strategies to engage with contractors to reduce supply chain
emissions.
C. Annual Burden
Respondents: 39,497.
Total Annual Responses: 165,570.
Total Burden Hours: 735,631.
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#e3a4b0a2b18684b08680a3849082cd848c95"><span class="__cf_email__" data-cfemail="45021604172022162026052236246b222a33">[email protected]</span></a>. Please cite OMB
Control No. 9000-0107, Federal Acquisition Regulation Part 23
Requirements.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide
Acquisition Policy, Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2022-03794 Filed 2-22-22; 8:45 am]
BILLING CODE 6820-EP-P
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