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Notice2022-09381

Submission for OMB Review; Federal Acquisition Regulation Part 23 Requirements

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Published
May 2, 2022

Issuing agencies

Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration

Abstract

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 Federal Acquisition Regulation (FAR) part 23 requirements.

Full Text

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<title>Federal Register, Volume 87 Issue 84 (Monday, May 2, 2022)</title>
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[Federal Register Volume 87, Number 84 (Monday, May 2, 2022)]
[Notices]
[Pages 25637-25638]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09381]


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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]


Submission for OMB Review; Federal Acquisition Regulation Part 23 
Requirements

AGENCY: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice.

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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 Federal Acquisition Regulation (FAR) part 23 requirements.

DATES: Submit comments on or before June 1, 2022.

ADDRESSES: Written comments and recommendations for this information 
collection should be sent within 30 days of publication of this notice 
to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function.
    Additionally, submit a copy to GSA 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.
    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. If there are 
difficulties submitting comments, contact the GSA Regulatory 
Secretariat Division at 202-501-4755 or <a href="/cdn-cgi/l/email-protection#286f7b697a4d4f7b4d4b684f5b49064f475e"><span class="__cf_email__" data-cfemail="4d0a1e0c1f282a1e282e0d2a3e2c632a223b">[email&#160;protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Jennifer Hawes, Procurement Analyst, 
at telephone 202-969-7386, or <a href="/cdn-cgi/l/email-protection#016b646f6f686764732f6960766472416672602f666e77"><span class="__cf_email__" data-cfemail="0b616e6565626d6e7925636a7c6e784b6c786a256c647d">[email&#160;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

[[Page 25638]]

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 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.

D. Public Comment

    A 60-day notice was published in the Federal Register at 87 FR 
10214, on February 23, 2022. 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 <a href="/cdn-cgi/l/email-protection#9ddacedccff8facef8feddfaeefcb3faf2eb"><span class="__cf_email__" data-cfemail="1a5d495b487f7d497f795a7d697b347d756c">[email&#160;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. 2022-09381 Filed 4-29-22; 8:45 am]
BILLING CODE 6820-EP-P


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