[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Notices]
[Pages 38982-38983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16976]



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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]


Submission for OMB Review; FAR Part 9 Responsibility Matters

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

ACTION: Notice.

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SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat Division has submitted to the Office of 
Management and Budget (OMB) a request to review and approve a revision 
and renewal of a previously approved information collection requirement 
regarding the responsibility of prospective contractors.

DATES: Submit comments on or before September 9, 2019.

ADDRESSES: Submit comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing this burden to: Office of Information and Regulatory Affairs 
of OMB, Attention: Desk Officer for GSA, Room 10236, NEOB, Washington, 
DC 20503 or at [email protected]. Additionally submit a copy 
to GSA by any 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).

FOR FURTHER INFORMATION CONTACT: Ms. Mahruba Uddowla, Procurement 
Analyst, at telephone 703-605-2868, or [email protected].

SUPPLEMENTARY INFORMATION:

A. OMB Control Number, Title, and Any Associated Form(s)

    9000-0193, FAR Part 9 Responsibility Matters.

B. Needs and Uses

    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

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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. 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 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).

D. Public Comment

    A 60-day notice published in the Federal Register at 84 FR 24523 on 
May 28, 2019. No comments were received.
    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.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2019-16976 Filed 8-7-19; 8:45 am]
 BILLING CODE 6820-EP-P