[Federal Register Volume 84, Number 102 (Tuesday, May 28, 2019)]
[Notices]
[Pages 24523-24525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11007]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0193; Docket No. 2019-0003; Sequence No. 22]
Information Collection; FAR Part 9 Responsibility Matters
AGENCY: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Notice and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, and
the Office of Management and Budget (OMB) regulations, DoD, GSA, and
NASA invite the public to comment on a revision and renewal concerning
the responsibility of prospective contractors. OMB has approved this
information collection for use through August 31, 2019. DoD, GSA, and
NASA propose that OMB extend its approval for use for three additional
years beyond the current expiration date.
DATES: DoD, GSA, and NASA will consider all comments received by July
29, 2019.
ADDRESSES: The FAR Council invites interested persons to submit
comments on this collection by either of the following methods:
Federal eRulemaking Portal: This website provides the
ability to type short comments directly into the comment field or
attach a file for lengthier comments. Go to http://www.regulations.gov
and follow the instructions on the site.
Mail: General Services Administration, Regulatory Secretariat
Division (MVCB), 1800 F Street NW, Washington, DC 20405. ATTN: Lois
Mandell/IC 9000-0193, FAR Part 9 Responsibility Matters.
Instructions: All items submitted must cite Information Collection
9000-0193, FAR Part 9 Responsibility Matters. Comments received
generally will be posted without change to http://www.regulations.gov,
including any personal and/or business confidential information
provided. To confirm receipt of your comment(s), please check
www.regulations.gov, approximately two to three days after submission
to verify posting (except allow 30 days for posting of comments
submitted by mail). This information collection is pending at the FAR
Council. The Council will submit it to OMB within 60 days from the date
of this notice.
FOR FURTHER INFORMATION CONTACT: Ms. Mahruba Uddowla, Procurement
Analyst, at telephone 703-605-2868, or [email protected].
SUPPLEMENTARY INFORMATION:
A. Overview of Information Collection
Description of Information Collection
1. OMB number: 9000-0193.
2. Title, and any Associated Form(s): FAR Part 9 Responsibility
Matters.
[[Page 24524]]
3. Type of Information Collection: Revision/Renewal of a currently
approved collection.
Solicitation of Public Comment
Written comments and suggestions from the public should address one
or more of the following four points:
(1) Evaluate 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;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) 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, e.g., permitting electronic
submission of responses.
B. Purpose
DoD, GSA, and NASA are in the process of combining OMB Control Nos.
for the Federal Acquisition Regulation (FAR) by FAR part. This
consolidation is expected to improve industry's ability to easily and
efficiently identify all burdens associated with a given FAR part. The
review of the information collections by FAR part allows improved
oversight to ensure there is no redundant or unaccounted for burden
placed on the public. Lastly, combining information collections in a
given FAR part is also expected to reduce the administrative burden
associated with reviewing, processing, or commenting on multiple
information collections.
This justification supports renewal of OMB Control No. 9000-0193
and combines it with the previously approved information collections
OMB Control No(s). 9000-0094, with the new title ``FAR Part 9
Responsibility Matters''. Upon approval of this consolidated
information collection, OMB Control No(s). 9000-0094 will be
discontinued. The burden requirements previously approved under the
discontinued Number(s) will be covered under OMB Control No. 9000-0193.
This clearance covers the information that offerors and contractors
must submit to comply with the following FAR requirements:
1. Prohibition on Contracting With Corporations with Delinquent
Taxes or a Felony Conviction (FAR 52.209-11, 52.209-12, and 52.212-
3(q)). FAR provision 52.209-11, Representation by Corporations
Regarding Delinquent Tax Liability or a Felony Conviction under any
Federal Law, and its equivalent for commercial acquisitions at FAR
provision 52.212-3(q), implement sections 744 and 745 of Division E of
the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.
L. 113-235). Sections 744 and 745 prohibit agencies from entering into
a contract with any corporation with any delinquent Federal tax
liability or a felony conviction, unless the agency has considered
suspension or debarment of the corporation and has made a determination
that this further action is not necessary to protect the interests of
the Government.
FAR provision 52.209-12, Certification Regarding Tax Matters,
implements section 523 of the Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2015 (Division B) and the same provision
in subsequent appropriations acts. Agencies funded by these acts
include the Department of Commerce, the Department of Justice, NASA, as
well as some smaller agencies. This section prohibits award of any
contract in an amount greater than $5,000,000 by those covered
agencies, unless the offeror affirmatively certifies that it has filed
all Federal tax returns required during the three years preceding the
certification; has not been convicted of a criminal offense under the
Internal Revenue Code of 1986; and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax assessment for
which the liability remains unsatisfied, unless the assessment is the
subject of an installment agreement or offer in compromise that has
been approved by the Internal Revenue Service and is not in default, or
the assessment is the subject of a non-frivolous administrative or
judicial proceeding.
2. Debarment, Suspension, and Other Responsibility Matters (FAR
52.209-5, 52.209-6, and 52.212-3(h)). The Competition in Contracting
Act of 1984 requires that contract awards be made to responsible
prospective contractors only. To be determined responsible, a
prospective contractor must meet a series of general standards. The
standards include having a satisfactory record of integrity and
business ethics, and being otherwise qualified and eligible to receive
an award under applicable laws and regulations. FAR provision 52.209-5,
Certification Regarding Responsibility Matters, and its equivalent for
commercial acquisitions at FAR provision 52.212-3(h), require the
disclosure of certain critical factors by an offeror to be considered
by the contracting officer in making a responsibility determination.
These critical factors, e.g. suspended, debarred, criminal offense
conviction, etc, determine whether the offeror is eligible for an
award. The provision also requires offerors to provide immediate
written notice to the contracting officer if, at any time prior to
contract award, the offeror learns that its certification was erroneous
when submitted or has become erroneous by reason of changed
circumstances.
FAR clause 52.209-6, Protecting the Government's Interest When
Subcontracting with Contractor's Debarred, Suspended, or Proposed for
Debarment, similarly ensures that the Government deals with responsible
subcontractors. Paragraph (b) of 52.209-6 prohibits contractors from
entering into any subcontract in excess of $35,000 with a subcontractor
that is debarred, suspended, or proposed for debarment by any executive
agency unless there is a compelling reason to do so. Paragraph (c) of
the clause requires the contractor to require each proposed
subcontractor whose subcontract will exceed $35,000, to disclose to the
contractor in writing, whether as of the time of award of the
subcontract, the subcontractor, or its principals, is or is not
debarred, suspended, or proposed for debarment by the Government.
Paragraph (d) of clause requires that before entering into a
subcontract with a party that is debarred, suspended, or proposed for
debarment, a corporate officer or designee of the contractor must
notify the contracting officer, in writing, of the name of the
subcontractor; why the subcontractor is debarred, suspended, or
ineligible; the compelling reason(s) for doing business with the
subcontractor; and how the contractor will protect the Government's
interests when dealing with such subcontractor. For any subcontract
subject to Government consent, contracting officers shall not consent
to such subcontracts, unless the agency head or a designee states in
writing the compelling reasons for approving such subcontract.
3. Information Regarding Responsibility Matters and Updates to That
Publicly Available Information (FAR 52.209-7 and 52.209-9). Section 872
of the Duncan Hunter National Defense Authorization Act of 2009 (Pub.
L. 110-417), enacted on October 14, 2008, required the development and
maintenance of an information system that contains specific information
on the integrity and performance of covered Federal agency contractors
and grantees.
[[Page 24525]]
The Federal Awardee Performance and Integrity Information System
(FAPIIS) was developed to address these requirements. FAPIIS provides
users access to integrity and performance information from the FAPIIS
reporting module in the Contractor Performance Assessment Reporting
System (CPARS), as well as proceedings information and suspension/
debarment information from SAM. FAR provision 52.209-7, Information
Regarding Responsibility Matters, requires information that is
necessary to: (1) Determine the responsibility of prospective
contractors; and (2) ensure that contractors maintain for accuracy and
completeness, their integrity and performance information upon which
responsibility determinations rely. Paragraph (b) of the provision
contains a check box to be completed by the offeror indicating whether
or not it has current active Federal contracts and grants with total
value greater than $10,000,000. Paragraph (c) of the provision states
that, if the offeror indicated in paragraph (b) that it has current
active Federal contracts and grants with total value greater than
$10,000,000, then, by submission of the offer, the offeror represents
that the information entered into FAPIIS is current, accurate, and
complete as of the date of submission of the offer.
FAR clause 52.209-9, Updates of Publicly Available Information
Regarding Responsibility Matters, implements the requirement to keep
FAPIIS up-to-date and the requirement of section 3010 of the
Supplemental Appropriations Act, 2010 (Pub. L. 111-212), to make all
information posted in FAPIIS on or after April 15, 2011, except past
performance reviews, publicly available. Paragraph (a) of the clause at
52.209-9 requires the contractor to update responsibility information
on a semiannual basis, throughout the life of the contract, by posting
the information in SAM. Paragraph (c) of the clause lets contractors
know of their ability to provide feedback on information posted by the
Government in FAPIIS and the procedure to follow in the event
information exempt from public disclosure is slated to become publicly
available information in FAPIIS.
4. Prohibition on Contracting with Inverted Domestic Corporations
(FAR 52.209-2, 52.209-10, and 52.212-3(n)). Section 745 of Division D
of the Consolidated Appropriations Act, 2008 (Pub. L. 110-161) and its
successor provisions in subsequent appropriations acts (and as extended
in continuing resolutions) prohibit, on a Governmentwide basis, the use
of appropriated (or otherwise made available) funds for contracts with
either an inverted domestic corporation, or a subsidiary of such a
corporation.
FAR provision 52.209-2,Prohibition on Contracting with Inverted
Domestic Corporations-Representation, and its equivalent for commercial
acquisitions at FAR provision 52.212-3(n), requires each offeror to
represent whether it is, or is not, an inverted domestic corporation or
a subsidiary of an inverted domestic corporation.
FAR clause 52.209-10, Prohibition on Contracting with Inverted
Domestic Corporations, requires the contractor to promptly notify the
contracting officer in the event the contractor becomes an inverted
domestic corporation or a subsidiary of an inverted domestic
corporation during the period of performance of the contract.
C. Annual Reporting Burden
Respondents/Recordkeepers: 1,333,801. (1,328,450 respondents +
5,351 recordkeepers).
Total Annual Responses: 1,437,826.4.
Total Burden Hours: 1,511,005. (975,905 reporting hours + 535,100
recordkeeping hours).
Obtaining Copies: Requesters may obtain a copy of the information
collection documents from the General Services Administration,
Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington,
DC 20405, telephone 202-501-4755. Please cite OMB Control No. 9000-
0193, FAR Part 9 Responsibility Matters, in all correspondence.
Dated: May 21, 2019.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide
Acquisition Policy, Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2019-11007 Filed 5-24-19; 8:45 am]
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