[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Notices]
[Pages 71641-71642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27246]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0067; Docket No. 2021-0053; Sequence No. 16]


Information Collection; Certain Federal Acquisition Regulation 
Part 16 Contract Pricing Requirements

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 concerning certain 
Federal Acquisition Regulation (FAR) part 16 contract pricing 
requirements. 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, 2022. 
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 
February 15, 2022.

ADDRESSES: DoD, GSA, and NASA invite interested persons to submit 
comments on this collection through https://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-
0067, Certain Federal Acquisition Regulation Part 16 Contract Pricing 
Requirements. Comments received generally will be posted without change 
to https://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.

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)

    9000-0067, Certain Federal Acquisition Regulation Part 16 Contract 
Pricing Requirements.

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 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 of OMB Control No. 9000-
0067 and combines it with the previously approved information 
collections under OMB Control Nos. 9000-0068 and 9000-0071, with the 
new title ``Certain Federal Acquisition Regulation Part 16 Contract 
Pricing Requirements''. Upon approval of this consolidated information 
collection, OMB Control Nos. 9000-0068 and 9000-0071 will be 
discontinued. The burden requirements previously approved under the 
discontinued numbers will be covered under OMB Control No. 9000-0067.
    This clearance covers the information that contractors must submit 
to comply with the following FAR requirements:

[[Page 71642]]

     FAR 52.216-2, Economic Price Adjustment-Standard Supplies; 
FAR 52.216-3, Economic Price Adjustment-Semistandard Supplies; and FAR 
52.216-4, Economic Price Adjustment-Labor and Material. These clauses 
require contractors on contracts that provide for economic price 
adjustments to promptly notify the contracting officer of any increases 
or decreases to established prices or labor rates (including fringe) 
because of certain contingencies, such as increases or decreases to 
established catalog or market prices or changes to cost indexes for 
labor or materials. The contracting officer uses the information 
provided by the contractor to negotiate price adjustments under the 
contract due to the contingency specified in the contract.
     FAR 52.216-5, Price Redetermination-Prospective. Paragraph 
(c) of this clause requires a contractor on a fixed-price contract with 
prospective price redetermination to submit to the Government (within 
an agreed upon timeframe) a statement of costs incurred for the most 
recent period of performance, the proposed prices for the upcoming 
contract period, and any supporting or relevant documentation. Per 
paragraph (h) of this clause, during periods where firm prices have not 
been established, the contractor must also submit quarterly statements 
that includes a breakdown of total contract prices, costs, and profit 
incurred and all invoices accepted for delivered items or services for 
which final prices have not been established. The contracting officer 
uses the information to negotiate/redetermine fair and reasonable 
prices for supplies and services that may be delivered or performed 
under the contract in the period following the effective date of price 
redetermination.
     FAR 52.216-6, Price Redetermination-Retroactive. Paragraph 
(c) of this clause requires a contractor on a fixed-ceiling-price 
contract with retroactive price redetermination to submit to the 
Government (within an agreed upon timeframe after completion of the 
contract) the proposed prices, all costs incurred in performing the 
contract, and any supporting or relevant documentation. Per paragraph 
(g) of this clause, until final price redetermination has been 
completed, the contractor must also submit a quarterly statement that 
includes a breakdown of total contract prices, costs, and interim 
profit incurred and all invoices accepted for delivered items. The 
contracting officer uses the information provided by the contractor to 
negotiate/redetermine fair and reasonable prices for supplies and 
services that have already been delivered or performed under the 
contract.
     FAR 52.216-16, Incentive Price Revision-Firm Target; and 
FAR 52.216-17, Incentive Price Revision-Successive Targets. These 
clauses require contractors on fixed price incentive (firm or 
successive target) contracts to submit to the Government on a quarterly 
basis a statement regarding total contract prices, costs, portions of 
interim profit, and amounts of invoices or vouchers for completed work 
that is cumulative from the beginning of the contract (see 52.216-16(g) 
and 52.216-17(i)). Upon final delivery of supplies or completion of 
services for covered line items, the contractor is required to submit a 
detailed statement of all costs incurred up to the end of that month in 
performing all work under the items; an estimate of costs of further 
performance, if any, that may be necessary to complete performance of 
all work under the items; a list of all residual inventory and an 
estimate of its value; and any other relevant data that the Contracting 
Officer may reasonably require (see 52.216-16(c) and 52.216-17(e)). 
Paragraph (c) of 52.216-17 also requires submission of data for 
establishing the firm fixed price or a final profit adjustment formula. 
The contracting officer uses the information provided by the contractor 
to evaluate the contractor's performance in meeting the incentive 
target and to negotiate the final prices of incentive-related items and 
services.

C. Annual Burden

    Respondents: 9,162.
    Total Annual Responses: 61,580.
    Total Burden Hours: 114,743.
    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. 9000-0067, Certain Federal Acquisition Regulation Part 16 
Contract Pricing Requirements.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2021-27246 Filed 12-16-21; 8:45 am]
BILLING CODE 6820-EP-P