Notice2022-14557
Information Collection; Federal Acquisition Regulation Part 46 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
July 8, 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 a revision concerning Federal Acquisition Regulation part 46 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 October 31, 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 130 (Friday, July 8, 2022)</title>
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[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Notices]
[Pages 40842-40843]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14557]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0077; Docket No. 2022-0053; Sequence No. 17]
Information Collection; Federal Acquisition Regulation Part 46
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 Federal
Acquisition Regulation part 46 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 October 31, 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
September 6, 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#9ed9cddfccfbf9cdfbfddef9edffb0f9f1e8"><span class="__cf_email__" data-cfemail="195e4a584b7c7e4a7c7a597e6a78377e766f">[email protected]</span></a>.
Instructions: All items submitted must cite OMB Control No. 9000-
0077, Federal Acquisition Regulation Part 46 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#8cf6e9e2ede5e8eda2e8e9e0ebede8e3ccebffeda2ebe3fa"><span class="__cf_email__" data-cfemail="4238272c232b26236c26272e2523262d022531236c252d34">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and Any Associated Form(s)
9000-0077, Federal Acquisition Regulation Part 46 Requirements.
[[Page 40843]]
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-
0077 and combines it with the previously approved information
collections under OMB Control No. 9000-0187, with the new title
``Federal Acquisition Regulation Part 46 Requirements''. Upon approval
of this consolidated information collection, OMB Control No. 9000-0187
will be discontinued. The burden requirements previously approved under
the discontinued number will be covered under OMB Control No. 9000-
0077.
This clearance covers the information that contractors may be
required to submit to comply with the following FAR clauses:
<bullet> FAR Inspection Clauses
<bullet> 52.246-2, Inspection of Supplies--Fixed-Price
<bullet> 52.246-3, Inspection of Supplies--Cost-Reimbursement
<bullet> 52.246-4, Inspection of Services--Fixed-Price
<bullet> 52.246-5, Inspection of Services--Cost-Reimbursement
<bullet> 52.246-6, Inspection--Time-and-Material and Labor-Hour
<bullet> 52.246-7, Inspection of Research and Development--Fixed-Price
<bullet> 52.246-8, Inspection of Research and Development--Cost-
Reimbursement
<bullet> 52.246-12, Inspection of Construction
These FAR clauses require the contractor to provide and maintain an
inspection system that is acceptable to the Government, and to keep
complete records of all inspection work performed and make it available
to the Government. These clauses give the Government the right to
inspect and test all work.
Records required under these clauses are kept as a part of a
contractor's normal business operations. To ensure they provide a
quality product or service, every business must have standards and
methods for reviewing or inspecting the quality of their product or
service. These standards will differ by industry and the complexity of
the product or service provided.
The Government relies on a contractor's existing quality assurance
system for contracts for commercial products. The Government relies on
the contractor to accomplish all inspection and testing needed to
ensure that acquired commercial services conform to contract
requirements before they are tendered to the Government. See FAR 12.208
and 46.202-1. Likewise, when the contract amount is expected to be less
than the simplified acquisition threshold, these clauses do not apply.
The FAR ``inspection clauses'' are used for quality assurance
depending on the type of contract, or the product or service being
provided. These clauses do not require the transmittal or sending of
documentation to the Government, but they have record keeping
requirements. The Government may review these records to confirm the
contract quality requirements are being met. This review is risk-based
and may or may not include the review of all quality assurance records.
Generally, the records are more likely to be reviewed when the
contractor is not meeting quality standards or as part of Government
Contract quality assurance surveillance for complex requirements.
Subject matter experts estimate these records are requested from 10
percent or fewer of contractors.
The information is used to assure that supplies and services
provided under Government contracts conform to contract requirements.
<bullet> FAR 52.246-15, Certificate of Conformance. This clause
requires the contractor to complete and sign a certificate of
conformance (CoC). This clause is used in solicitations and contracts
for supplies or services at the discretion of the contracting officer
when it is in the Government's interest, small losses would be incurred
in the event of a defect; or because of the contractor's reputation or
past performance, or when it is likely that the supplies or services
furnished will be acceptable and any defective work would be replaced,
corrected, or repaired without contest.
<bullet> FAR 52.246-26, Reporting Nonconforming Items. This clause
requires contractors to provide written notification to the contracting
officer within 60 days of becoming aware or having reason to suspect,
such as through inspection, testing, record review, or notification
from another source (e.g., seller, customer, third party) that any end
item, component, subassembly, part, or material contained in supplies
purchased by the contractor for delivery to, or for, the Government is
counterfeit or suspect counterfeit. This clause requires certain
contractors to submit a report to the Government-Industry Data Exchange
Program (GIDEP) system at <a href="http://www.gidep.org">www.gidep.org</a> within 60 days of becoming
aware or having reason to suspect, such as through inspection, testing,
record review, or notification from another source (e.g., seller,
customer, third party) that an item purchased by the contractor for
delivery to, or for, the Government is a counterfeit or suspect
counterfeit item; or a common item that has a major or critical
nonconformance.
This information will be used by the Government to address and
detect nonconforming and counterfeit items. Perhaps more important,
this information will be available to businesses for searching prior to
placing orders, thus enabling the avoidance of purchasing counterfeit
items in the first place.
C. Annual Burden
Respondents: 7,859.
Total Annual Responses: 9,301.
Total Burden Hours: 33,015.
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#25627664774042764046654256440b424a53"><span class="__cf_email__" data-cfemail="fcbbafbdae999baf999fbc9b8f9dd29b938a">[email protected]</span></a>. Please cite OMB
Control No. 9000-0077, Federal Acquisition Regulation Part 46
Requirements.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide
Acquisition Policy, Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2022-14557 Filed 7-7-22; 8:45 am]
BILLING CODE 6820-EP-P
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