[Federal Register Volume 84, Number 105 (Friday, May 31, 2019)]
[Notices]
[Pages 25277-25278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11346]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0069; Docket No. 2019-0003; Sequence No. 20]


Information Collection; Indirect Cost Rates, Predetermined 
Indirect Cost Rates, and Bankruptcy Notifications

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, the FAR Council 
invites the public to comment upon a renewal concerning indirect cost 
rates, predetermined indirect cost rates, and bankruptcy notifications.

DATES: Submit comments on or before July 30, 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 9000-0069, Indirect Cost Rates, Predetermined 
Indirect Cost Rates, and Bankruptcy Notifications.
    Instructions: All items submitted must cite Information Collection 
9000-0069, Indirect Cost Rates, Predetermined Indirect Cost Rates, and 
Bankruptcy Notifications. Comments received generally will be posted 
without change to http://www.regulations.gov, including any personal 
and/or business confidential

[[Page 25278]]

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: Zenaida Delgado, Procurement Analyst, 
at telephone 202-969-7207, or [email protected].

SUPPLEMENTARY INFORMATION: 

A. Overview of Information Collection

Description of the Information Collection

    1. OMB Control Number: 9000-0069.
    2. Title of the Collection: Indirect Cost Rates, Predetermined 
Indirect Cost Rates, and Bankruptcy Notifications.
    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

    The Federal Acquisition Regulatory Council is in the process of 
combining OMB Control Numbers for the Federal Acquisition Regulation 
(FAR) by FAR part to the maximum practicable extent. 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 
industry. Lastly, combining information collections in a given FAR part 
is also expected to reduce the administrative burden associated with 
processing multiple information collections.
    This justification supports revision and extension of the 
expiration date of OMB Control No. 9000-0069 and combines it with the 
previously approved information collection OMB Control No. 9000-0108, 
with the new title ``Indirect Cost Rates, Predetermined Indirect Cost 
Rates, and Bankruptcy Notifications''. Upon approval of this 
consolidated information collection, OMB Control No. 9000-0108 will be 
discontinued. The burden requirements previously approved under the 
discontinued Number will be covered under OMB Control No. 9000-0069.
    This clearance covers the information that contractors must submit 
to comply with the following FAR requirements:
    1. 52.216-7, Allowable Cost and Payment, paragraph (d), requires 
that final annual indirect cost rates and the appropriate bases shall 
be established in accordance with FAR subpart 42.7. These rates are 
used, in part, in cost reimbursement contracts, time and materials 
contracts (other than for commercial items and not for labor-hour 
contracts), and for certain types of fixed price contracts construction 
contracts. The clause requires the contractor to submit an adequate 
final indirect cost rate proposal to the contracting officer and the 
auditor within the 6-month period following the expiration of each of 
its fiscal years. The proposed rates shall be based on the contractor's 
actual cost experience for that period. This clause provides a list of 
the data required to be submitted. The data is customary business 
financial information that the contractor can access from its automated 
business systems.
    2. 52.216-15, Predetermined Indirect Cost Rates, used in 
solicitations and contracts for a cost-reimbursement research and 
development contract with an educational institution and addresses how 
the allowable indirect costs under the contract shall be obtained by 
applying predetermined indirect costs to bases agreed by the parties. 
This clause repeats the requirement in FAR 52.216-7, paragraph (d), for 
the contractor to submit an adequate final indirect cost rate proposal, 
however it does not impose any additional reporting requirements.
    3. 52.242-4, Certification of Final Indirect Costs, requires the 
contractor's proposal of final indirect cost rates to be certified to 
establish or modify the rates used to reimburse the contractor for the 
costs of performing under the contract. The supporting cost data are 
the cost accounting information normally prepared by organizations 
under sound management and accounting practices. This clause is 
incorporated into all solicitations and contracts, except for the 
Department of Energy Management and Operating contracts, that provide 
for establishment of final indirect cost rates.
    4. 52.242-13, Bankruptcy. This clause requires contractors to 
notify the contracting officer within five days after initiating the 
proceedings relating to bankruptcy filing.

C. Annual Reporting Burden

    Respondents: 6,145.
    Total Annual Responses: 6,145.
    Total Burden Hours: 1,578,868.
    Affected Public: Businesses or other for-profit and not-for-profit 
institutions.
    Frequency: On occasion.
    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-
0069, Indirect Cost Rates, Predetermined Indirect Cost Rates, and 
Bankruptcy Notifications, in all correspondence.

    Dated: May 24, 2019.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2019-11346 Filed 5-30-19; 8:45 am]
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