[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8033-8034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3435]


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DEPARTMENT OF AGRICULTURE


Submission for OMB Review; Comment Request

February 17, 2010.
    The Department of Agriculture has submitted the following 
information collection requirement(s) to OMB for review and clearance 
under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments 
regarding (a) Whether the collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility; (b) the accuracy 
of the agency's estimate of burden including the validity of the 
methodology and assumptions used; (c) ways to enhance the quality, 
utility and clarity of the information to be collected; (d) ways to 
minimize the burden of the collection of information on those who are 
to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology should be addressed to: Desk 
Officer for Agriculture, Office of Information and Regulatory Affairs, 
Office of Management and Budget (OMB), [email protected] or 
fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, 
Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these 
information collections are best assured of having their full effect if 
received within 30 days of this notification. Copies of the 
submission(s) may be obtained by calling (202) 720-8958.
    An agency may not conduct or sponsor a collection of information 
unless the collection of information displays a currently valid OMB 
control number and the agency informs potential persons who are to 
respond to the collection of information that such persons are not 
required to respond to the collection of information unless it displays 
a currently valid OMB control number.

Office of Procurement and Property Management

    Title: Procurement: Maximum Workweek--Construction Schedule.
    OMB Control Number: 0505-0011.
    Summary of Collection: In order to obtain goods or services such as 
construction services, the United States Department of Agriculture 
(USDA), like other Federal agencies, has established agency contracting 
offices to enter into Federal contracts. These offices employ 
contracting officers, who solicit bids or offers for work from 
businesses in the private sector. When USDA contracts for construction 
services, both the contracting officer and the contractor needs to 
establish a schedule for the work. The contractor needs to ensure that 
his weekly work schedule will not conflict with the time during which 
USDA may allow him access to the work site. The contracting officer 
needs to know when the contractor will be working in order to schedule 
on-site conferences, to perform quality assurance inspections, and to 
perform compliance checks required to enforce the Davis Bacon Act (40 
U.S.C. 276a-276a-7). Such compliance checks are specifically required 
by the Federal Acquisition Regulations (FAR) to conduct employee 
interviews, to check the type of work being performed, to verify the 
number and pay classification of workers at the site, and to verify 
that posters informing workers of their rights are displayed at the 
site (FAR 22.406-7(b)). Contracting officers put the Maximum Workweek--
Construction Schedule clause in solicitations and contracts for 
construction when the contractor's access to the work site may be 
restricted to certain times of the day or week.

[[Page 8034]]

    Need and Use of the Information: The Office of Procurement and 
Property Management (OPPM) will collect information to determine when 
government inspectors or representatives will be needed at the site, 
and to schedule contractor access to the work site. The information is 
not collected unless the contracting officer anticipates problems with 
contractor access or scheduling government inspections. If the 
information were not collected, contracting offices would be unable to 
allocate contract administration resources efficiently.
    Description of Respondents: Business or other for-profit.
    Number of Respondents: 776.
    Frequency of Responses: Reporting: On occasion.
    Total Burden Hours: 194.

Office of Procurement and Property Management.

    Title: Procurement: Instructions for the Preparation of Technical 
and Business Proposals.
    OMB Control Number: 0505-0013.
    Summary of Collection: In order to obtain goods or services, the 
United States Department of Agriculture (USDA), like other Federal 
agencies, has established agency contracting offices to enter into 
Federal contracts. These offices employ contracting officers, who use 
various methods to award contracts for good or services. One method, 
prescribed by Part 15 of the Federal Acquisition Regulation (FAR) (48 
CFR) is contracting by negotiation. In contracting by negotiation, 
contracting officers issue solicitations to request offers for required 
products or services from businesses in the private sector. Together 
with the solicitation document, the offeror's cost proposal and its 
technical and business proposals constitute the offer submitted to the 
contracting office for evaluation and acceptance. The technical 
proposal, together with the offeror's pricing, is needed to select the 
offeror who will be awarded a contract. The Agriculture Acquisition 
Regulation (AGAR) (48 CFR ch.4) prescribes the provision titled 
Instructions for the Preparation of Technical and Business Proposals 
(48 CFR 452.215-71) helps an offeror preparing a proposal to address 
the factors on which it will be evaluated.
    Need and Use of the Information: The Office of Procurement and 
Property Management (OPPM) will collect information to evaluate and 
determine the feasibility of the offeror's management, technical 
approach, and offered cost/price to provide the services and/or 
supplies required, if awarded a contract. If the information were not 
collected, OPPM would be unable to obtain goods and services required 
for its daily operations.
    Description of Respondents: Business or other for-profit; not-for-
profit institutions; State, Local, or Tribal Government.
    Number of Respondents: 4,731.
    Frequency of Responses: Reporting: On occasion.
    Total Burden Hours: 151,392.

Office of Procurement and Property Management

    Title: Procurement: Key Personnel Clause.
    OMB Control Number: 0505-0015.
    Summary of Collection: In order to obtain goods or services, the 
United States Department of Agriculture (USDA), like other Federal 
agencies, has established agency contracting offices to enter into 
Federal contracts. These offices employ contracting officers, who issue 
solicitations to request offers (proposals) for required products or 
services from businesses in the private sector. When USDA wishes to 
acquire research and development services (R&D), information technology 
(IT) design or support services, or advisory and assistance services, 
it must consider the capabilities of the personnel who the contractor 
assigns to the job. The contributions of certain contractor employees 
may be critical to the success of the work. Such employees are 
designated as ``Key Personnel.'' The Agriculture Acquisition Regulation 
(48 CFR ch.4) (48 CFR 437.110) and (48 CFR 452.237-74) prescribes the 
Key Personnel clause to collect information about key contractor 
personnel. The contracting officer uses the Key Personnel clause to 
require the contractor to inform USDA, if a key person will no longer 
be available to perform work on the contract. Contractors whose 
contracts include the key personnel clause are required to notify the 
contracting officer about proposed substitutions for key personnel 
identified in the contract.
    Need and Use of the Information: The Office of Procurement and 
Property Management (OPPM) will collect information to determine 
whether the departure of a key person from the contractor's staff could 
jeopardize contract performance, and to determine what accommodations 
or remedies may be taken. If the OPPM could not obtain information 
about departing key personnel, it could not ensure that qualified 
personnel continue to perform contract work.
    Description of Respondents: Business or other for-profit; non-for-
profit institutions; State, Local, or Tribal Government.
    Number of Respondents: 5,630.
    Frequency of Responses: Reporting: On occasion.
    Total Burden Hours: 5,630.

Office of Procurement and Property Management

    Title: Procurement: Progress Reporting Clause.
    OMB Control Number: 0505-0016.
    Summary of Collection: In order to obtain goods or services, the 
United States Department of Agriculture (USDA), like other Federal 
agencies, has established agency contracting offices to enter into 
Federal contracts. These offices employ contracting officers, who 
request bids or offers for work from businesses in the private sector 
using solicitations. In order to administer contracts for research and 
development services (R&D), or for advisory and assistance services 
(AAS), contracting officers need information about contractor progress 
in performing the contracts. The Agriculture Acquisition Regulation 
(AGAR) (48 CFR ch.4) (48 CFR 437.270(a)) and (48 CFR 452.237-76) 
prescribe the Progress Reporting Clause to collect information about 
contractor progress. Contracting officers include the Progress 
Reporting Clause in R&D and AAS contracts to obtain information from 
the contractors about their performance.
    Need and Use of the Information: The Office of Procurement and 
Property Management (OPPM) will collect information to compare actual 
progress and expenditures to anticipated performance and contractor 
representations on which the award was based. The information alerts 
the agency of technical problems; the need for additional staff 
resources or finding; and the probability of timely completion within 
the contract cost or price. If the contracting officers could not 
obtain progress report information, they would have to physically 
monitor the contractor's operation on a day to day basis throughout the 
performance period.
    Description of Respondents: Business or other for-profit; non-for-
profit institutions; State, Local, or Tribal Government.
    Number of Respondents: 10,000.
    Frequency of Responses: Reporting: Quarterly; monthly.
    Total Burden Hours: 120,000.

Ruth Brown,
Departmental Information Collection Clearance Officer.
[FR Doc. 2010-3435 Filed 2-22-10; 8:45 am]
BILLING CODE 3410-TX-P