Notice2025-11062

Submission for OMB Review; 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
June 16, 2025

Issuing agencies

Management and Budget OfficeFederal Procurement Policy OfficeDefense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration

Abstract

Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to OMB a request to review and approve an extension of a previously approved information collection requirement regarding Federal Acquisition Regulation part 46 requirements.

Full Text

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<title>Federal Register, Volume 90 Issue 114 (Monday, June 16, 2025)</title>
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[Federal Register Volume 90, Number 114 (Monday, June 16, 2025)]
[Notices]
[Pages 25271-25272]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11062]


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OFFICE OF MANAGEMENT AND BUDGET

Office of Federal Procurement Policy

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0077; Docket No. FAR-2025-0053; Sequence No. 8]


Submission for OMB Review; Federal Acquisition Regulation Part 46 
Requirements

AGENCY: Office of Federal Procurement Policy (OFPP), Office of 
Management and Budget (OMB); 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

[[Page 25272]]

submitted to OMB a request to review and approve an extension of a 
previously approved information collection requirement regarding 
Federal Acquisition Regulation part 46 requirements.

DATES: Submit comments on or before July 16, 2025.

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: <a href="/cdn-cgi/l/email-protection#80c6c1d2d0efece9e3f9c0e7f3e1aee7eff6"><span class="__cf_email__" data-cfemail="abedeaf9fbc4c7c2c8d2ebccd8ca85ccc4dd">[email&#160;protected]</span></a> or call 202-969-
4075.

SUPPLEMENTARY INFORMATION:

A. OMB Control Number, Title, and Any Associated Form(s)

    9000-0077, Federal Acquisition Regulation Part 46 Requirements.

B. Need and Uses

    This clearance covers the information that contractors may be 
required to submit to comply with the following Federal Acquisition 
Regulation (FAR) clauses:

<bullet> FAR Inspection Clauses
[check] FAR 52.246-2, Inspection of Supplies--Fixed-Price
[check] FAR 52.246-3, Inspection of Supplies--Cost-Reimbursement
[check] FAR 52.246-4, Inspection of Services--Fixed-Price
[check] FAR 52.246-5, Inspection of Services--Cost-Reimbursement
[check] FAR 52.246-6, Inspection--Time-and-Material and Labor-Hour
[check] FAR 52.246-7, Inspection of Research and Development--Fixed-
Price
[check] FAR 52.246-8, Inspection of Research and Development--Cost-
Reimbursement
[check] FAR 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.

D. Public Comment

    A 60-day notice was published in the Federal Register at 90 FR 
14445, on April 2, 2025. 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#7f382c3e2d1a182c1a1c3f180c1e51181009"><span class="__cf_email__" data-cfemail="ecabbfadbe898bbf898fac8b9f8dc28b839a">[email&#160;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. 2025-11062 Filed 6-13-25; 8:45 am]
BILLING CODE 6820-EP-P


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Indexed from Federal Register on June 16, 2025.

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