Notice2022-25229
Submission for OMB Review; General Services Administration Acquisition Regulation; Transactional Data Reporting
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
November 18, 2022
Issuing agencies
General Services Administration
Abstract
Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division is submitting a request to the Office of Management and Budget (OMB) to review and approve an extension of a previously approved information collection requirement regarding OMB Control No. 3090-0306, Transactional Data Reporting.
Full Text
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<title>Federal Register, Volume 87 Issue 222 (Friday, November 18, 2022)</title>
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[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Notices]
[Pages 69273-69275]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25229]
[[Page 69273]]
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GENERAL SERVICES ADMINISTRATION
[OMB Control No. 3090-0306; Docket No. 2022-0001; Sequence No. 14]
Submission for OMB Review; General Services Administration
Acquisition Regulation; Transactional Data Reporting
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Notice of request for comments regarding an extension to an
existing OMB clearance.
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SUMMARY: Under the provisions of the Paperwork Reduction Act, the
Regulatory Secretariat Division is submitting a request to the Office
of Management and Budget (OMB) to review and approve an extension of a
previously approved information collection requirement regarding OMB
Control No. 3090-0306, Transactional Data Reporting.
DATES: Submit comments on or before: December 19, 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.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas O'Linn, Procurement
Analyst, General Services Acquisition Policy Division, GSA, 202-445-
0390 or email <a href="/cdn-cgi/l/email-protection#1572667467657a797c766c557266743b727a63"><span class="__cf_email__" data-cfemail="7116021003011e1d181208311602105f161e07">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. Purpose
This information collection is for GSA Federal Supply Schedules
(FSS) and non-FSS offerors and contractors subject to transactional
data report (TDR) requirements. Transactional data encompasses the
historical details of the products or services delivered by a
contractor during the performance of task or delivery orders issued
against a contract subject to TDR requirements. TDR requirements are
found within Alternate I of General Services Administration Acquisition
Regulation (GSAR) clause 552.238-80, Industrial Funding Fee and Sales
Reporting, and 552.216-75, Transactional Data Reporting. GSAR clauses
552.216-70, Economic Price Adjustment--FSS Multiple Award Schedule
Contracts (Deviation II); Alternate I of 552.238-81, Price Reductions;
552.238-83 Examination of Records by GSA; and 552.238-85, Contractor's
Billing Responsibilities, are additional GSAR clause directly
associated with FSS contracts subject to these requirements. This
information collection does not apply to GSA FSS offerors and
contractors subject to pricing disclosures and sales reporting
requirements. The burden associated with pricing disclosures and sales
reporting requirements is covered under information collection OMB
control number 3090-0235, Federal Supply Schedule Pricing Disclosures
and Sales Reporting.
B. Annual Reporting Burden
The total estimated annual public cost burden for this information
collection is estimated to be $18,104,484.46. The total estimated
annual public burden hours resulting from this information collection
is 281,344 hours. These numbers are calculated by adding up the total
estimated annual burden cost/hour for each of the following GSAR
clauses covered by this information collection: 552.216-75,
Transactional Data Reporting; Alternate I of 552.238-80, Industrial
Funding Fee and Sales Reporting; Alternate I of 552.238-81, Price
Reductions; 552.216-70, Economic Price Adjustment--FSS Multiple Award
Schedule Contracts (Deviation II); 552.238-83, Examination of Records
by GSA; and 552.238-85, Contractor's Billing Responsibilities.
Burden Cost/Hour Calculation.
Total estimated burden hour/cost for the basic version of 552.216-
75, Transactional Data Reporting, and Alternate I of GSAR clause
552.238-80, Industrial Funding Fee and Sales Reporting.
The two primary activities associated with 552.216-75,
Transactional Data Reporting, and Alternate I of GSAR clause 552.238-
80, Industrial Funding Fee and Sales Reporting, are initial setup and
monthly reporting. The below provides the basis for calculating these
two activities.
Initial Setup
[cir] Estimated hourly rate & job position equivalency. The
estimated hourly cost associated with this task is based on the task
being accomplished by senior level personnel equivalent to a GS-14,
Step 5 employee. A GS-14, Step 5 employee hourly rate for 2022 is
$82.51 (``Rest of U.S.'' locality using OPM Salary Table 2022-GS,
Effective January 2022).
[cir] Estimated hours by system for initial set-up. A contractor
complying with TDR requirements will absorb a one-time setup burden for
purposes of establishing a reporting system (i.e., automated reporting
system vs. manual reporting system). The estimated setup time varies
between automated and manual reporting systems. GSA estimates the
average one-time initial setup burden is 8 hours for a manual system
and 240 hours for an automated system.
Monthly Reporting
[cir] Estimated hourly rate & job position equivalency. The
estimated hourly cost associated with this task is based on the task
being accomplished by mid-level personnel equivalent to a GS-12, Step 5
employee. A GS-12, Step 5 employee hourly rate for 2022 is $58.72
(i.e., using ``Rest of U.S.'' locality within the OPM Salary Table for
2022-GS, Effective January 2022).
[cir] Categorization of contractors by sales revenue. GSA estimates
the likelihood of contractors with lower to no reportable sales will
spend relatively little time on reporting. In contrast, contractors
with more reportable sales will face a higher reporting burden. To
account for this difference, GSA is using the below sale revenue
categories:
Category 1: No sales activity/revenue (i.e., $0.00)
Category 2: Sales between $0.01 and $25,000.00
Category 3: Sales between $25,000.01 and $250,000.00
Category 4: Sales between $250,000.01 and $1 million
Category 5: Sales over $1 million
The below table show the estimated number of contractors (i.e.,
both FSS and Non-FSS contractors) by sales revenue category:
Estimated Number of FSS and Non-FSS Contractors by Sales Revenue Category
----------------------------------------------------------------------------------------------------------------
FSS Non-FSS FSS & non-FSS
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Category 1...................................................... 100 622 722
Category 2...................................................... 500 2 502
Category 3...................................................... 1,000 32 1,032
[[Page 69274]]
Category 4...................................................... 500 73 573
Category 5...................................................... 672 418 1,090
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Total....................................................... 2,822 1,147 3,969
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[cir] Automated system vs. manual reporting system. GSA estimates
the likelihood of a contractor creating an automated reporting system
increases with a contractor's sales revenue. In contrast, contractors
with little to no sales revenue are unlikely to expend the effort
needed to establish an automated reporting system. To account for this
difference, GSA is using the below table. The below table shows by
sales revenue category the estimated percentage of the likelihood of a
contractor using a manual reporting system vs automated reporting
system:
Percentage of Contractors by Type of Reporting System
------------------------------------------------------------------------
Manual system Automated
Sales category (%) system (%)
------------------------------------------------------------------------
Category 1.............................. 100 0
Category 2.............................. 100 0
Category 3.............................. 90 10
Category 4.............................. 50 50
Category 5.............................. 10 90
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The following table show the estimated number of contractors for
both FSS contracts and Non-FSS contracts by type of reporting system:
Estimated Number of Contractors for Both FSS Contracts and Non-FSS Contracts by Type of Reporting System
----------------------------------------------------------------------------------------------------------------
Automated
Manual system Automated Manual system system (non-
(FSS) system (FSS) (non-FSS) FSS)
----------------------------------------------------------------------------------------------------------------
Category 1...................................... 100 0 622 0
Category 2...................................... 500 0 2 0
Category 3...................................... 900 100 29 3
Category 4...................................... 275 275 36 37
Category 5...................................... 67 605 42 376
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Totals...................................... 1,842 980 731 416
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[cir] Estimated monthly reporting time (hours)--by reporting system
and sales revenue category. GSA estimates that the monthly reporting
time varies by type of reporting system (i.e., manual or automated) and
by respective sales revenue category. The below table shows GSA's
estimated monthly reporting times per sales revenue category and system
type:
Monthly Hours by Type of Reporting System and Category
------------------------------------------------------------------------
Manual Automated
systems systems
------------------------------------------------------------------------
Category 1.............................. 0.25 2.00
Category 2.............................. 2.00 2.00
Category 3.............................. 4.00 2.00
Category 4.............................. 16.00 2.00
Category 5.............................. 48.00 2.00
------------------------------------------------------------------------
Total estimated burden hour/cost for GSAR clause 552.216-75,
Transactional Data Reporting.
Initial Setup.
Total estimated annual burden hours: 28,464
Total estimated annual cost burden: $2,348,650.03
Monthly Reporting.
Total estimated annual burden hours: 44,394
Total estimated annual cost burden: $2,606,982.16
[[Page 69275]]
Total estimated burden hour/cost for Alternate I of GSAR clause
552.238-80, Industrial Funding Fee and Sales Reporting.
Initial Setup.
Total estimated annual burden hours: 34,328
Total estimated annual cost burden: $2,832,506.26
Monthly Reporting.
Total estimated annual burden hours: 170,412
Total estimated annual cost burden: $10,007,231.69
Total estimated annual burden hour/cost for 552.216-70, Economic
Price Adjustment--FSS Multiple Award Schedule Contracts (Deviation II).
Estimated # of responses per year: 461
Estimated burden hours per response: x 4.25
Total estimated annual burden hours: 1,959.25
Estimated cost per hour: x $82.51
Total estimate annual cost burden: $161,663.60
Total estimated annual burden hour/cost for Alternate I of GSAR
clause 552.238-81, Price Reductions.
Estimated # of responses per year: 25
Estimated burden hours per response: x 4.25
Total estimated annual burden hours: 106
Estimated cost per hour**: x $82.51
Total estimate annual cost burden: $8,775.00
Total estimated annual burden hour/cost for GSAR clause 552.238-83,
Examination of Records by GSA.
Estimated # of respondents per year: 8
Estimated burden hours per respondent: x 455
Total estimated annual burden hours: 3,640
Estimated cost per hour**: x $82.51
Total estimated annual cost burden: $300,347.32
Total estimated annual burden hour/cost for GSAR clause 552.238-85,
Contractor's Billing Responsibilities, is 0 burden hours/$0.00 burden
cost. The reason for zero burden being associated with this clause is
because the record keeping requirement contained in this clause does
not add any additional burden to what is already captured by Alternate
I of GSAR clause 552.238-80, Industrial Funding Fee and Sales
Reporting, which is covered by this information collection.
Total Estimated Annual Burden Hour/Cost
The total estimated annual burden hour/cost imposed by this
information collection is as follows:
Total estimated annual burden hours
FSS contracts: 210,446
Non-FSS contracts: 72,858
Total estimated annual burden hour: 281,344
Total estimated annual cost burden
FSS contracts: $13,310,515.87
Non-FSS contracts: $4,955,632.19
Total estimated annual cost burden: $18,104,484.46
C. Public Comments
A 60-day notice published in the Federal Register at 87 FR 51418 on
August 22, 2022. In response, GSA received a letter from the Coalition
for Government Procurement (the Coalition). The following is a summary
of the letter:
1. Comment: The Coalition supports the TDR program and generally
agrees with GSA's assessment of the burden associated with the renewal
of this information collection.
Response: GSA appreciates the Coalition's support of the TDR
program and its assessment of the burden for this renewal.
2. Comment: The Coalition believes GSA underestimates the average
burden of automated reporting in both absolute time required and the
complexity of the process. Specifically, the Coalition believes the
estimated burden for automated reporting should be 10 hours.
Response: GSA believes the estimated hours for automated reporting
is valid given TDR imposes a progressive burden--one that increases
with a contractor's sales volume. Namely, reporting time increases with
a contractor's applicable sales volume, so contractors with lower to no
reportable sales will spend little time on monthly reporting, while
those contractors with more reportable sales may have a higher
reporting burden, such as the suggested 10 hours.
3. Comment: The Coalition recommends GSA expand the use of TDR as
an option across the MAS Program and provide further guidance and
training on the use of TDR data.
Response: GSA anticipates expanding the use of TDR as an option
across the MAS program as well as providing any additional guidance and
training as part of any such expansion.
Obtaining Copies of Proposals: 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#367165776453516553557651455718515940"><span class="__cf_email__" data-cfemail="074054465562605462644760746629606871">[email protected]</span></a>. Please
cite ``Information Collection 3090-0306, Transactional Data
Reporting'', in all correspondence.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Government-wide Policy.
[FR Doc. 2022-25229 Filed 11-17-22; 8:45 am]
BILLING CODE 6820-61-P
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