[Federal Register Volume 73, Number 227 (Monday, November 24, 2008)]
[Notices]
[Pages 70985-70986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27787]



[[Page 70985]]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System


Information Collection Requirement; Defense Federal Acquisition 
Regulation Supplement; DoD Acquisition Process--Miscellaneous 
Requirements (OMB Control Number 0704-0187)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Notice and request for comments regarding a proposed extension 
of an approved information collection requirement.

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SUMMARY: In compliance with Section 3506(c)(2)(A) of the Paperwork 
Reduction Act of 1995 (44 U.S.C. Chapter 35), DoD announces the 
proposed extension of a public information collection requirement and 
seeks public comment on the provisions thereof. DoD invites comments 
on: (a) Whether the proposed collection of information is necessary for 
the proper performance of the functions of DoD, including whether the 
information will have practical utility; (b) the accuracy of the 
estimate of the burden of the proposed information collection; (c) ways 
to enhance the quality, utility, and clarity of the information to be 
collected; and (d) ways to minimize the burden of the information 
collection on respondents, including the use of automated collection 
techniques or other forms of information technology. The Office of 
Management and Budget (OMB) has approved this information collection 
requirement for use through February 28, 2009. DoD proposes that OMB 
extend its approval for use for three additional years.

DATES: DoD will consider all comments received by January 23, 2009.

ADDRESSES: You may submit comments, identified by OMB Control Number 
0704-0187, using any of the following methods:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    [cir] E-mail: [email protected]. Include OMB Control Number 0704-0187 
in the subject line of the message.
    [cir] Fax: 703-602-7887.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Amy 
Williams, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, 
Washington, DC 20301-3062.
    [cir] Hand Delivery/Courier: Defense Acquisition Regulations 
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
22202-3402.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, 703-602-0328. The 
information collection requirements addressed in this notice are 
available on the World Wide Web at: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html. Paper copies are available from Ms. Amy 
Williams, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, 
Washington, DC 20301-3062.

SUPPLEMENTARY INFORMATION:
    Title and OMB Number: Information Collection in Support of the DoD 
Acquisition Process (Miscellaneous Requirements) (Defense Federal 
Acquisition Regulation Supplement (DFARS) Parts 208, 209, 226, and 235 
and associated clauses in Part 252); OMB Control Number 0704-0187.
    Needs and Uses: This information collection requirement pertains to 
information required by DFARS Parts 208, 209, 226, and 235 and 
associated clauses in Part 252, that an offeror must submit to DoD with 
regard to a solicitation or contract requirement. DoD uses this 
information to--
    [cir] Determine whether to provide precious metals as Government-
furnished material.
    [cir] Determine an entity's eligibility for award of a contract 
under a national security program.
    [cir] Determine whether there is a compelling reason for a 
contractor to enter into a subcontract with a firm, or subsidiary of a 
firm, that is identified in the List of Parties Excluded from Federal 
Procurement and Nonprocurement Programs as being ineligible for award 
of Defense contracts or subcontracts because it is owned or controlled 
by the government of a terrorist country.
    [cir] Verify the status of an offeror as a historically black 
college or university (HBCU) or minority institution (MI) in order to 
determine whether the offeror is eligible for award under a HBCU/MI 
set-aside.
    [cir] Evaluate claims of indemnification for loss or damage 
occurring under a research and development contract.
    [cir] Keep track of radio frequencies for electronic equipment 
under research and development contracts, so that the user does not 
interfere with other use of the same frequency.
    Affected Public: Businesses or other for-profit and not-for-profit 
institutions.
    Annual Burden Hours: 1,845.
    Number of Respondents: 698.
    Responses per Respondent: Approximately 2.
    Annual Responses: 1,260.
    Average Burden per Response: 1.5 hours.
    Frequency: On occasion.

Summary of Information Collection

    This information collection pertains to the following DFARS 
requirements:
    [cir] 252.208-7000, Intent to Furnish Precious Metals as 
Government-Furnished Material. Paragraph (b) of this clause requires an 
offeror to cite the type and quantity of precious metals required in 
the performance of the contract. Paragraph (c) requires the offeror to 
submit two prices for each deliverable item that contains precious 
metals: One based on the Government furnishing the precious metals, and 
the other based on the contractor furnishing the precious metals.
    [cir] 252.209-7001, Disclosure of Ownership or Control by the 
Government of a Terrorist Country. Paragraph (c) of this provision 
requires an offeror to provide a disclosure with its offer if the 
government of a terrorist country has a significant interest in the 
offeror, in a subsidiary of the offeror, or in a parent company of 
which the offeror is a subsidiary.
    [cir] 252.209-7002, Disclosure of Ownership or Control by a Foreign 
Government. Paragraph (c) of this provision requires the offeror to 
provide a disclosure with its offer of any interest a foreign 
government has in the offeror when that interest constitutes control of 
the offeror by a foreign government.
    [cir] 252.209-7004, Subcontracting with Firms that are Owned or 
Controlled by the Government of a Terrorist Country. Paragraph (b) of 
this clause requires the Contractor to notify the contracting officer 
in writing before entering into a subcontract with a party that is 
identified in the List of Parties Excluded from Federal Procurement and 
Nonprocurement Programs as being ineligible for award of Defense 
contracts or subcontracts because it is owned or controlled by the 
government of a terrorist country. The notice must include the 
compelling reasons for doing business with the subcontractor.
    [cir] 252.226-7000, Notice of Historically Black College or 
University and Minority Institution Set-Aside. Paragraph (c)(2) of this 
clause requires that, upon request of the contracting officer, the 
offeror will provide evidence prior to award that the Secretary of 
Education has determined the offeror to be a historically black college 
or university or minority institution.

[[Page 70986]]

    [cir] 252.235-7000, Indemnification Under 10 U.S.C. 2534--Fixed 
Price; and 252.235-7001, Indemnification Under 10 U.S.C. 2534--Cost-
Reimbursement. Paragraphs (f) and (e), respectively, of these clauses 
require the contractor to notify the contracting officer of any claim 
that might trigger the Government's liability under the clause, to 
furnish proof or evidence of any such claim, and to provide copies of 
all pertinent papers relating to the claim.
    [cir] 252.235-7003, Frequency Authorization. Paragraph (b) of this 
clause requires that the contractor provide to the contracting officer 
the technical operating characteristics for any experimental, 
developmental, or operational equipment for which the appropriate 
frequency allocation has not been made.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
[FR Doc. E8-27787 Filed 11-21-08; 8:45 am]
BILLING CODE 5001-08-P