[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Notices]
[Pages 73658-73659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29888]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[Docket 2012-0076; Sequence 38; OMB Control No. 9000-0066]
Federal Acquisition Regulation; Submission for OMB Review;
Professional Employee Compensation Plan
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Notice of request for comments regarding the extension of a
previously existing OMB clearance.
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SUMMARY: Under the provisions of the Paperwork Reduction Act, the
Regulatory Secretariat will be submitting to the Office of Management
and Budget (OMB) a request to review and approve an extension of a
previously approved information collection requirement concerning
submission of a Professional Employee Compensation Plan. A notice was
published in the Federal Register at 77 FR 45612, on August 1, 2012.
One respondent submitted comments.
Public comments are particularly invited on: Whether this
collection of information is necessary; whether it will have practical
utility; whether our estimate of the public burden of this collection
of information is accurate, and based on valid assumptions and
methodology; ways to enhance the quality, utility, and clarity of the
information to be collected; and ways in which we can minimize the
burden of the collection of information on those who are to respond,
through the use of appropriate technological collection techniques or
other forms of information technology.
DATES: Submit comments on or before January 10, 2013.
ADDRESSES: Submit comments identified by Information Collection 9000-
0066, Professional Employee Compensation Plan by any of the following
methods:
Regulations.gov: http://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching the OMB
control number. Select the link ``Submit a Comment'' that corresponds
with ``Information Collection 9000-0066, Professional Employee
Compensation Plan''. Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``Information Collection 9000-0066, Professional Employee Compensation
Plan'' on your attached document.
Fax: 202-501-4067.
Mail: General Services. Administration, Regulatory
Secretariat (MVCB), 1275 First Street NE., Washington, DC 20417. ATTN:
Hada Flowers/IC 9000-0066, Professional Employee Compensation Plan.
Instructions: Please submit comments only and cite Information
Collection 9000-0066, Professional Employee Compensation Plan, in all
correspondence related to this collection. All comments received will
be posted without change to http://www.regulations.gov, including any
personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Edward Loeb, Procurement Analyst,
Office of Acquisition Policy, GSA, (202) 501-3775 or email
[email protected].
SUPPLEMENTARY INFORMATION:
A. Purpose
FAR 22.1103 requires that all professional employees are
compensated fairly and properly. Accordingly, FAR 52.222-46, Evaluation
of Compensation for Professional Employees, is required to be inserted
in solicitations for negotiated service contracts when the contract
amount is expected to exceed $650,000 and the service to be provided
will require meaningful numbers of professional employees. The purpose
of the provision at FAR 52.222-46 is to require offerors to submit for
evaluation a total compensation plan setting forth proposed salaries
and fringe benefits for professional employees working on the contract.
Plans indicating unrealistically low professional employees'
compensation may be assessed adversely as one of the factors considered
in making a contract award.
B. Analysis of Public Comments
One respondent submitted public comments on the extension of the
previously approved information collection. The analysis of the public
comments is summarized as follows:
Comment: The respondent commented that the extension of the
information collection would violate the fundamental purposes of the
Paperwork Reduction Act because of the burden it puts on the entity
submitting the information and the agency collecting the information.
Response: In accordance with the Paperwork Reduction Act (PRA),
agencies can request OMB approval of an existing information
collection. The PRA requires that agencies use the Federal Register
notice and comment process, to extend OMB's approval, at least every
three years. This extension, to a previously approved information
collection, pertains to the provision at FAR 52.222-46, Evaluation of
Compensation for Professional Employees, in solicitations for
negotiated service contracts when the contract amount is expected to
exceed $650,000 and the service to be provided will require meaningful
numbers of professional employees. The purpose of the provision at FAR
52.222-46 is to require offerors to submit for evaluation a total
compensation plan setting forth proposed salaries and fringe benefits
for professional employees working on the contract. Plans indicating
unrealistically low professional employees' compensation may be
assessed adversely as one of the factors considered in making a
contract award. Not granting this extension would remove Government
evaluators' discretion to adversely assess offers containing
unrealistically low professional employees' compensation, and would
result in the Government's inability to ensure that professional
employees are fairly and properly compensated for their work.
Comment: The respondent commented that the agency did not
accurately estimate the public burden challenging that the agency's
methodology for calculating it is insufficient and inadequate and does
not reflect the total burden. The respondent stated that the estimate
of one response per respondent annually and .5 hours of burden per
response is understated, many companies submit upwards of 100 plans per
year, and the burden is more likely in the range of five hours. For
this reason, the respondent provided that the agency should reassess
the estimated total burden hours and revise the estimate upwards to be
more accurate, as was done in FAR Case 2007-006. The same respondent
also provided that the burden of compliance with the information
collection requirement greatly exceeds the agency's estimate
[[Page 73659]]
and outweighs any potential utility of the extension.
Response: Serious consideration is given, during the open comment
period, to all comments received and adjustments are made to the
paperwork burden estimate based on reasonable considerations provided
by the public. This is evidenced, as the respondent notes, in FAR Case
2007-006 where an adjustment was made from the total preparation hours
from three to 60. This change was made considering particularly the
hours that would be required for review within the company, prior to
release to the Government.
The burden is prepared taking into consideration the necessary
criteria in OMB guidance for estimating the paperwork burden put on the
entity submitting the information. For example, consideration is given
to an entity reviewing instructions; using technology to collect,
process, and disclose information; adjusting existing practices to
comply with requirements; searching data sources; completing and
reviewing the response; and transmitting or disclosing information. The
estimated burden hours for a collection are based on an average between
the hours that a simple disclosure by a very small business might
require and the much higher numbers that might be required for a very
complex disclosure by a major corporation. Also, the estimated burden
hours should only include projected hours for those actions which a
company would not undertake in the normal course of business. Careful
consideration went into assessing the estimated burden hours for this
collection, and although, the respondent provided specific estimates of
responses and burden hours, the estimates cannot be confirmed. However,
it is determined that an upward adjustment is warranted at this time
based upon consideration of the information provided in the public
comment and updated Federal Procurement Data System information. The
information collection requirement has been revised to reflect an
overall increase in the total public burden hours from 4,335 to 52,220.
C. Annual Reporting and Recordkeeping Burden
Respondents: 13,055.
Responses per Respondent: 3.
Total Responses: 39,165.
Hours per Response: 1.333333.
Total Burden Hours: 52,220.
Obtaining Copies of Proposals: Requesters may obtain a copy of the
information collection documents from the General Services
Administration, Regulatory Secretariat (MVCB), 1275 First Street NE.,
Washington, DC 20417, telephone (202) 501-4755. Please cite OMB Control
No. 9000-0066, Professional Employee Compensation Plan, in all
correspondence.
Dated: December 3, 2012.
William Clark,
Acting Director, Federal Acquisition Policy Division, Office of
Governmentwide Acquisition Policy, Office of Acquisition Policy, Office
of Governmentwide Policy.
[FR Doc. 2012-29888 Filed 12-10-12; 8:45 am]
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