Notice2024-06222
Submission for OMB Review; 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
March 25, 2024
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 part 3, Improper Business Practices and Personal Conflicts of Interest.
Full Text
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<title>Federal Register, Volume 89 Issue 58 (Monday, March 25, 2024)</title>
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[Federal Register Volume 89, Number 58 (Monday, March 25, 2024)]
[Notices]
[Pages 20655-20656]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06222]
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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]
Submission for OMB Review; 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).
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 part 3, Improper Business
Practices and Personal Conflicts of Interest.
DATES: Submit comments on or before April 24, 2024.
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: Zenaida Delgado, Procurement Analyst,
at telephone 202-969-7207, or <a href="/cdn-cgi/l/email-protection#a7ddc2c9c6cec3c689c3c2cbc0c6c3c8e7c0d4c689c0c8d1"><span class="__cf_email__" data-cfemail="5c2639323d35383d723839303b3d38331c3b2f3d723b332a">[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 Federal Acquisition Regulation
(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 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
[[Page 20656]]
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).
D. Public Comment
A 60-day notice was published in the Federal Register at 89 FR
2952, on January 17, 2024. 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#92d5c1d3c0f7f5c1f7f1d2f5e1f3bcf5fde4"><span class="__cf_email__" data-cfemail="21667260734446724442614652400f464e57">[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. 2024-06222 Filed 3-22-24; 8:45 am]
BILLING CODE 6820-EP-P
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