[Federal Register Volume 85, Number 228 (Wednesday, November 25, 2020)]
[Notices]
[Pages 75325-75326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26096]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0018; Docket No. 2020-0053; Sequence No. 18]


Information Collection; Federal Acquisition Regulation Part 3: 
Improper Business Practices and Personal Conflicts of Interest

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 an extension concerning 
alternatives to Government-unique standards. DoD, GSA, and NASA invite 
comments on: Whether the proposed collection of information is 
necessary for the proper performance of the functions of Federal 
Government acquisitions, including whether the information will have 
practical utility; the accuracy of the estimate of the burden of the 
proposed information collection; ways to enhance the quality, utility, 
and clarity of the information to be collected; and ways to minimize 
the burden of the information collection on respondents, including the 
use of automated collection techniques or other forms of information 
technology. OMB has approved this information collection for use 
through February 28, 2021. 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 
January 25, 2021.

ADDRESSES: DoD, GSA, and NASA invite interested persons to submit 
comments on this collection through http://www.regulations.gov and 
follow the instructions on the site. This website provides the ability 
to type short comments directly into the comment field or attach a file 
for lengthier comments. If there are difficulties submitting comments, 
contact the GSA Regulatory Secretariat Division at 202-501-4755 or 
[email protected].
    Instructions: All items submitted must cite OMB Control No. 9000-
0018, Federal Acquisition Regulation (FAR) Part 3: Improper Business 
Practices and Personal Conflicts of Interest. 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 http://www.regulations.gov, approximately two-to-three days after submission 
to verify posting.

FOR FURTHER INFORMATION CONTACT: Jennifer Hawes, Procurement Analyst, 
at telephone 202-969-7386, or [email protected].

SUPPLEMENTARY INFORMATION: 
    A. OMB Control Number, Title, and Any Associated Form(s)
    9000-0018, Federal Acquisition Regulation (FAR) Part 3: Improper 
Business Practices and Personal Conflicts of Interest.

B. Need and Uses

    DoD, GSA, and NASA are 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 
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 the revision and extension of OMB 
Control No. 9000-0018 and combines it with the previously approved 
information collections under OMB Control No. 9000-0091, with the new 
title ``Federal Acquisition Regulation Part 3: Improper Business 
Practices and Personal Conflicts of Interest.'' Upon approval of this 
consolidated information collection, OMB Control No. 9000-0091 will be 
discontinued. The burden requirements previously approved under the 
discontinued number will be covered under OMB Control No. 9000-0018.
    This clearance covers the information collection that offerors or 
contractors must submit to comply with the following requirements in 
FAR Part 3:
     52.203-2, Certificate of Independent Price Determination. 
This solicitation provision requires an offeror to certify that the 
prices in their offer have been arrived at independently, have not been 
or will not be knowingly disclosed, and have not been submitted for the 
purpose of restricting competition. This clause is used to ensure that 
Government contracts are not awarded to firms violating antitrust laws.
     52.203-7, Anti-Kickback Procedures. This contract clause 
requires contractors to report in writing to the inspector general of 
the contracting agency, the head of the contracting agency if the 
agency does not have an inspector general, or the Attorney General 
possible violations of 41 U.S.C. Chapter 87, Kickbacks, and to notify 
the contracting officer when monies are withheld from sums owed a 
subcontractor under the prime contract when the contracting officer has 
directed the prime contractor to do so to offset the amount of a 
kickback. The information reported by contractors will be used by the 
Federal agency to investigate potential violations.
     52.203-13, Contractor Code of Business Ethics and Conduct. 
This contract clause requires contractors and subcontractors to report 
to the agency Office of the Inspector General, whenever it has credible 
evidence that a principal, employee, agent, or subcontractor of the 
contractor has committed a violation of Federal criminal law involving 
fraud, conflict of interest, bribery, or gratuity violations found in 
Title 18 U.S.C., or a violation of the Civil False Claims Act (31 
U.S.C. 3729-3733). The information will be used by the Federal agency 
to investigate suspected violations.
     52.203-16, Preventing Personal Conflicts of Interest. This 
contract clause requires contractors and subcontractors to obtain and 
maintain from employees assigned to a task under a contract, a 
disclosure of interests that might be affected by the task to which the 
employee has been assigned. Contractors must report to any personal 
conflict of interest violation by a covered employee and the proposed 
actions to be taken. In exceptional circumstances, the contractor may 
request the head of the contracting activity approve a plan to mitigate 
the personal conflict of interest or waive the requirement to prevent 
personal conflicts of interest. This information is used by the 
contractor and the contracting officer to identify and mitigate 
personal conflicts of interest.

[[Page 75326]]

C. Annual Burden

    Respondents: 10,275.
    Recordkeepers: 8,391.
    Total Annual Responses: 342,019.
    Total Burden Hours: 627,162 (123,702 reporting hours + 503,460 
recordkeeping hours).
    Obtaining Copies: Requesters may obtain a copy of the information 
collection documents from the GSA Regulatory Secretariat Division by 
calling 202-501-4755 or emailing [email protected].
    Please cite OMB Control No. 9000-0018, Federal Acquisition 
Regulation Part 3: Improper Business Practices and Personal Conflicts 
of Interest.

William F. Clark,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2020-26096 Filed 11-24-20; 8:45 am]
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