Notice2024-00761
Information Collection; Federal Acquisition Regulation Part 3: Improper Business Practices and Personal Conflicts of Interest
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
January 17, 2024
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 3, Improper Business Practices and Personal Conflicts of Interest. 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, 2024. 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 89 Issue 11 (Wednesday, January 17, 2024)</title>
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[Federal Register Volume 89, Number 11 (Wednesday, January 17, 2024)]
[Notices]
[Pages 2952-2953]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00761]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0018; Docket No. 2024-0053; Sequence No. 2]
Information Collection; Federal Acquisition Regulation Part 3:
Improper Business Practices and Personal Conflicts of Interest
AGENCY: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
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postmarked before that date.
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 3, Improper Business Practices and
Personal Conflicts of Interest. 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, 2024.
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 March
18, 2024.
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#5e190d1f0c3b390d3b3d1e392d3f70393128"><span class="__cf_email__" data-cfemail="0d4a5e4c5f686a5e686e4d6a7e6c236a627b">[email protected]</span></a>.
Instructions: All items submitted must cite OMB Control No. 9000-
0018, Federal Acquisition Regulation Part 3: Improper Business
Practices and Personal Conflicts of Interest. 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#95eff0fbf4fcf1f4bbf1f0f9f2f4f1fad5f2e6f4bbf2fae3"><span class="__cf_email__" data-cfemail="f08a959e91999491de94959c9791949fb0978391de979f86">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and Any Associated Form(s)
9000-0018, Federal Acquisition Regulation Part 3: Improper Business
Practices and Personal Conflicts of Interest.
B. Need and Uses
This clearance covers the information that offerors and contractors
must submit to comply with the following FAR part 3 requirements:
<bullet> FAR 52.203-2, Certificate of Independent Price
Determination. This provision requires offerors to include with their
offer a certification that their prices have been arrived at
independently, have not been or will not be knowingly disclosed, and
have not been submitted for the purpose of restricting competition.
Prior to making an award, a contracting officer will ensure the offeror
has provided the
[[Page 2953]]
certification. An offer will not be considered for award where the
certificate has been deleted or modified. Federal agencies will report
to the Attorney General for investigation any deletions or
modifications of the certificate and suspected false certificates.
<bullet> FAR 52.203-7, Anti-Kickback Procedures. This clause
requires contractors to report in writing to the inspector general of
the contracting agency, the head of the contracting agency if the
agency does not have an inspector general, or the Attorney General
possible violations of 41 U.S.C. chapter 87, Kickbacks. The clause also
requires the contractor to notify the contracting officer when monies
are withheld from sums owed a subcontractor under the prime contract,
when the contracting officer has directed the prime contractor to do so
to offset the amount of a kickback. The Federal agency will use the
information reported by contractors to investigate suspected
violations. The notification to the contracting officer of a
withholding of payment to a subcontractor is used to help the
contracting officer ensure the amount of a kickback is appropriately
offset.
<bullet> FAR 52.203-13, Contractor Code of Business Ethics and
Conduct. This clause requires contractors and subcontractors to report
to the agency Office of the Inspector General when the contractor has
credible evidence that a principal, employee, agent, or subcontractor
has committed a violation of Federal criminal law involving fraud,
conflict of interest, bribery, or gratuity violations found in title 18
U.S.C., or a violation of the Civil False Claims Act (31 U.S.C. 3729-
3733). The Federal agency will use the information reported by
contractors to investigate suspected violations.
<bullet> FAR 52.203-16, Preventing Personal Conflicts of Interest.
This clause requires contractors and subcontractors to obtain and
maintain from each employee a disclosure of interests that might be
affected by the task to which the employee has been assigned under the
contract. Contractors and subcontractors must report to the contracting
officer any personal conflict of interest violation by an employee and
the proposed corrective/follow-up actions to be taken. In exceptional
circumstances, the contractor may request the head of the contracting
activity approve a plan to mitigate a personal conflict of interest or
waive the requirement to prevent personal conflicts of interest. The
information is used by the contractor and the contracting officer to
identify and mitigate personal conflicts of interest.
C. Annual Burden
Respondents: 9,642.
Recordkeepers: 9,147.
Total Annual Responses: 352,296.
Total Burden Hours: 677,460. (128,640 reporting hours + 548,820
recordkeeping hours).
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="692e3a283b0c0e3a0c0a290e1a08470e061f">[email protected]</span></a>. Please cite OMB
Control No. 9000-0018, Federal Acquisition Regulation Part 3: Improper
Business Practices and Personal Conflicts of Interest.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide
Acquisition Policy, Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2024-00761 Filed 1-16-24; 8:45 am]
BILLING CODE 6820-EP-P
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