[Federal Register Volume 78, Number 55 (Thursday, March 21, 2013)]
[Notices]
[Pages 17404-17406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06516]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0029; Docket 2012-0076; Sequence 27]


Federal Acquisition Regulation; Submission for OMB Review; 
Extraordinary Contractual Action Requests

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice of request for comments regarding an extension to an 
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 
extraordinary contractual action requests. A notice was published in 
the Federal Register on September 12, 2012 (77 FR 56213). One comment 
was received.

DATES: Submit comments on or before April 22, 2013.

ADDRESSES: Submit comments identified by Information Collection 9000-
0029, Extraordinary Contractual Action Requests, 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.

[[Page 17405]]

Select the link ``Submit a Comment'' that corresponds with 
``Information Collection 9000-0029, Extraordinary Contractual Action 
Requests''. Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``Information Collection 9000-0029, Extraordinary Contractual Action 
Requests'' 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 9000-0029, Extraordinary Contractual Action Requests.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0029, Extraordinary Contractual Action Requests, 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: Ms. Cecelia L. Davis, Procurement 
Analyst, Office of Governmentwide Acquisition Policy, GSA (202) 219-
0202 or email at [email protected].

SUPPLEMENTARY INFORMATION:

A. Purpose

    FAR Subpart 50.1 prescribes policies and procedures that allow 
contracts to be entered into, amended, or modified in order to 
facilitate national defense under the extraordinary emergency authority 
granted under 50 U.S.C. 1431 et seq. and Executive Order (EO) 10789 
dated November 14, 1958, et seq. In order for a contractor to be 
granted relief under the FAR, specific evidence must be submitted which 
supports the firm's assertion that relief is appropriate and that the 
matter cannot be disposed of under the terms of the contract.
    The information is used by the Government to determine if relief 
can be granted under FAR and to determine the appropriate type and 
amount of relief.

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 an OMB approval of an existing information 
collection. The PRA requires that agencies use the Federal Register 
notice and comment process, to extend the OMB's approval, at least 
every three years. This extension, to a previously approved information 
collection, pertains to information collections associated with 
extraordinary contractual actions as authorized under 50 U.S.C. 1431 et 
seq. and Executive Order (EO) 10789 dated November 14, 1958, as amended 
by E.O. 12919 dated June 3, 1994, EO 13232 dated October 20, 2001, and 
EO 13286 dated February 28, 2003, as implemented in FAR Part 50, that 
allow contracts to be entered into, amended, or modified in order to 
facilitate national defense. In order for a firm to be granted relief 
under the Act, specific evidence must be submitted which supports the 
firm's assertion that relief is appropriate and that the matter cannot 
be disposed of under the terms of the contract. The information is used 
by the Government to determine if relief can be granted under the Act 
and to determine the appropriate type and amount of relief.
    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 each respondent faces to comply. The 
respondent suggested that the estimated total burden hours be 
reassessed and revised for greater accuracy. Specifically, the 
respondent stated that the ``estimate of only 100 respondents that will 
be subject to this requirement is understated'' and estimated, without 
providing substantive supporting data, that ``the number of respondents 
is more likely closer to 500 annually.'' In addition, the respondent 
questioned the estimate of 16 hours of burden associated with each 
response, and suggested that ``a more reasonable estimate would be in 
the range of 80 to 160 hours per response.'' For these reasons, the 
same respondent provided that the burden of compliance with the 
information collection requirement greatly exceeds the agency's 
estimate 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 burden hours for this 
collection, and it is determined that an upward adjustment is not 
required.
    The respondent expressed concern that the ``estimate of only 100 
respondents that will be subject to this requirement is understated'' 
and estimated, without providing substantive supporting data, that 
``the number of respondents is more likely closer to 500 annually.'' We 
disagree. FAR Part 50 prescribes policies and procedures for entering 
into, amending, or modifying contracts in order to facilitate the 
national defense under extraordinary emergency authorities. Executive 
Order 10789 authorizes 15 agencies to exercise the authority conferred 
by Pub. L. 85-804 (50 U.S.C. 1431-1434). The estimate of 100 
respondents would, therefore, average to approximately seven actions 
issued under extraordinary contracting authority per agency per year. 
We find this to be a more reasonable estimate and more in keeping with 
the extraordinary, thus, rare nature for exercise of the authority than 
the average of 33 actions per agency per year estimated by the 
commenter when citing that ``the number of respondents is more likely 
closer to 500 annually.'' The respondent is reminded that the estimate 
provided is based on an average which considers that not every one of 
the 15 agencies with extraordinary contracting authority uses that 
authority in a given year.

[[Page 17406]]

    In addition, the respondent questioned the estimate of 16 hours of 
burden associated with each response, and again, without providing 
substantive supporting data, suggested that ``a more reasonable 
estimate would be in the range of 80 to 160 hours per response.'' The 
respondent is reminded that estimated burden hours should only include 
projected hours for those actions which a company would not undertake 
in the normal course of business. We believe that the estimated 16 
hours of burden reasonably reflect the time necessary for a contractor 
to perform the actions associated with its role in extraordinary 
contractual actions that go beyond the normal course of business, e.g., 
issue a request and certification, provide supporting information, as 
appropriate. Therefore, in the absence of substantive data to support 
doing otherwise, no adjustments are deemed necessary for the estimated 
number of respondents or estimated burden hours per respondent.

C. Annual Reporting Burden

    The annual reporting burden is not changed from what was published 
in the Federal Register on September 24, 2009 (74 FR 48744). Based on 
coordination with subject matter experts and consideration of the 
requirements for estimating the burden within the Paperwork Burden Act, 
the determination was made to not revise the annual reporting burden. 
However, at any point, members of the public may submit comments for 
further consideration, and are encouraged to provide data to support 
their request for an adjustment.
    The annual reporting burden is estimated as follows:
    Respondents: 100.
    Responses per Respondent: 1.
    Total Responses: 100.
    Hours per Response: 16.
    Total Burden Hours: 1,600.
    Obtaining Copies of Proposals: Requester 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. 9000-0029, Extraordinary Contractual Action Requests, in all 
correspondence.

    Dated: March 15, 2013.
William Clark,
Acting Director, Federal Acquisition Policy Division, Office of 
Governmentwide Acquisition Policy, Office of Acquisition Policy, Office 
of Governmentwide Policy.
[FR Doc. 2013-06516 Filed 3-20-13; 8:45 am]
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