[Federal Register Volume 87, Number 34 (Friday, February 18, 2022)]
[Notices]
[Pages 9357-9359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03567]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0198; Docket No. 2021-0053; Sequence No. 14]


Submission for OMB Review; Certain Federal Acquisition Regulation 
Part 9 Requirements

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 
of a previously approved information collection requirement regarding 
certain Federal Acquisition Regulation (FAR) part 9 requirements.

DATES: Submit comments on or before March 21, 2022.

ADDRESSES: Written comments and recommendations for this information 
collection should be sent within 30 days of publication of this notice 
to www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function.
    Additionally, submit a copy to GSA 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.
    Instructions: All items submitted must cite OMB Control No. 9000-
0198, Certain Federal Acquisition Regulation Part 9 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. If there are 
difficulties submitting comments, contact the GSA Regulatory 
Secretariat Division at 202-501-4755 or [email protected].

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

SUPPLEMENTARY INFORMATION:

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

    9000-0198, Certain Federal Acquisition Regulation Part 9 
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 the expiration date of 
OMB Control No. 9000-0198 and combines it with the previously approved 
information collections under OMB Control Nos. 9000-0083 and 9000-0193, 
with the new title ``Certain Federal Acquisition Regulation Part 9 
Requirements''. Upon approval of this

[[Page 9358]]

consolidated information collection, OMB Control Nos. 9000-0083 and 
9000-0193 will be discontinued. The burden requirements previously 
approved under the discontinued numbers will be covered under OMB 
Control No. 9000-0198.
    This clearance covers the information that offerors and contractors 
must submit to comply with the following FAR requirements:
    1. FAR 52.209-1, Qualification Requirements. This clause requires 
offerors to provide with their proposal: Their name, the manufacturer's 
name, source's name, item's name, service identification, and test 
number (if known) for a proposed product or service that has already 
been determined to meet the qualification standards. If an offeror, 
manufacturer, source, product or service has met the qualification 
requirement but is not yet on a qualified products list, qualified 
manufacturers list, or qualified bidders list, this clause requires the 
offeror to submit evidence of qualification prior to award of a 
contract.
    2. FAR 52.209-2, 52.209-10, and 52.212-3(n), Prohibition on 
Contracting with Inverted Domestic Corporations. FAR provision 52.209-
2, Prohibition on Contracting with Inverted Domestic Corporations-
Representation, and its equivalent for commercial acquisitions at FAR 
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 contractors 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.
    3. FAR 52.209-5, 52.209-6, and 52.212-3(h), Debarment, Suspension, 
and other Responsibility Matters. FAR provision 52.209-5, Certification 
Regarding Responsibility Matters, and its equivalent for commercial 
acquisitions at FAR 52.212-3(h), require the disclosure of the 
following critical information by an offeror to be considered by the 
contracting officer in making a responsibility determination:
     Whether the offeror or any of its principals have been--
    [cir] Debarred, suspended, proposed for debarment, declared 
ineligible for contract award;
    [cir] Within a three-year period preceding their offer:
    [ssquf] Convicted of or had a civil judgment rendered against them 
or indicted for commission of a fraud or a criminal offense in 
connection with obtaining, attempting to obtain, or performing a public 
(Federal, State, or local) contract or subcontract, violation of 
Federal or State antitrust statutes relating to the submission of 
offers, or commission of embezzlement, theft, forgery, bribery, 
falsification or destruction of records, making false statements, tax 
evasion, violating Federal criminal tax laws, or receiving stolen 
property;
    [ssquf] Notified of any delinquent Federal taxes in an amount that 
exceeds $10,000 for which the liability remains unsatisfied;
    [ssquf] Had one or more contracts terminated for default by any 
Federal agency; or
    [ssquf] Are presently indicted for, or otherwise criminally or 
civilly charged by a governmental entity with commission of any of the 
offenses identified above.
    If the offeror has responded affirmatively to the certifications in 
the FAR provisions at 52.209-5 or 52.212-3(h), the offeror shall 
provide additional information if requested by the contracting officer.
    The offeror shall also 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.
    Paragraph (c) of the FAR clause at 52.209-6, Protecting the 
Government's Interest When Subcontracting with Contractor's Debarred, 
Suspended, or Proposed for Debarment, requires the contractor to 
require each proposed subcontractor whose subcontract will exceed 
$35,000, other than a subcontractor providing a commercially available 
off-the-shelf (COTS) item, 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 the FAR clause at 52.209-6 requires a corporate 
officer or designee of the contractor to notify the contracting 
officer, in writing, before entering into a subcontract (for other than 
COTS items) with a party that is debarred, suspended, or proposed for 
debarment. The written notice must include: 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.
    4. FAR 52.209-7 and 52.209-9, Information Regarding Responsibility 
Matters and Updates to that Publicly Available Information. FAR 
provision 52.209-7, Information Regarding Responsibility Matters, 
requires each offeror to represent whether it has current active 
Federal contracts and grants with a total value greater than $10 
million. The provision also requires each offeror to post in the 
Federal Awardee Performance and Integrity Information System (FAPIIS), 
as required by maintaining an active registration in the System for 
Award Management (SAM), information on whether the offeror and/or any 
of its principals has, or has not, within the past five years, in 
connection with the award to or performance by the offeror of a federal 
contract or grant, been the subject of a proceeding, at the Federal or 
State level, that resulted in:
    (a) A criminal conviction in the case of a criminal proceeding;
    (b) The finding of fault and liability in a civil proceeding 
resulting in the payment of $5,000 or more in damages, restitution, 
reimbursement, fine or penalty;
    (c) The finding of fault and liability in an administrative 
proceeding resulting in the payment of a monetary fine or penalty of 
$5,000 or more, or the payment of a reimbursement, restitution, or 
damages in excess of $100,000; or
    (d) In a criminal, civil, or administrative proceeding, a 
disposition of the matter by consent or compromise with an 
acknowledgement of fault by the contractor if the proceeding could have 
led to any of the outcomes specified in (4)(a) through (c) above.
    Paragraph (a) of the FAR clause 52.209-9, Updates of Publicly 
Available Information Regarding Responsibility Matters, requires 
contractors to update the information in FAPIIS on a semiannual basis, 
throughout the life of the contract, by posting the information in SAM. 
Paragraph (c) of the FAR clause 52.209-9 informs contractors 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.
    5. FAR 52.209-11, 52.209-12, and 52.212-3(q), Prohibition on 
Contracting

[[Page 9359]]

With Corporations with Delinquent Taxes or a Felony Conviction. 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 52.212-3(q), 
require offerors to represent whether the offeror is a corporation 
that--
     Has any unpaid Federal tax liability that has been 
assessed, for which all judicial and administrative remedies have been 
exhausted or have lapsed, and that is not being paid in a timely manner 
pursuant to an agreement with the authority responsible for collecting 
the tax liability; and
     Was convicted of a felony criminal violation under a 
Federal law within the preceding 24 months.
    FAR provision 52.209-12, Certification Regarding Tax Matters, 
require offerors proposing a total contract price that will exceed $5.5 
million (including options) to certify that, to the best of the 
offeror's knowledge and belief, 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.
    6. FAR 52.209-13, Violations of Arms Control Treaties or Agreements 
with the United States. Unless the offeror is providing evidence of a 
waiver or determination in accordance with paragraph (b)(2) of the FAR 
provision at 52.209-13, Violation of Arms Control Treaties or 
Agreements--Certification, paragraph (b)(1) of the provision requires 
offerors to certify that--
     The offeror does not engage and has not engaged in any 
activity that contributed to or is a significant factor in the 
President's or Secretary of State's determination that a foreign 
country is in violation of its obligations undertaken in any arms 
control, nonproliferation, or disarmament agreement to which the United 
States is a party, or is not adhering to its arms control, 
nonproliferation, or disarmament commitments in which the United States 
is a participating state. The determinations are described in the most 
recent unclassified annual report provided to Congress pursuant to 
section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a); 
and
     No entity owned or controlled by the offeror is an entity 
organized under the laws of such country, that engages or has engaged 
in any activity that contributed to or is a significant factor in the 
President's or Secretary of State's determination that a foreign 
country is in violation of its obligations undertaken in any arms 
control, nonproliferation, or disarmament agreement to which the United 
States is a party, or is not adhering to its arms control, 
nonproliferation, or disarmament commitments in which the United States 
is a participating state.
    Contracting officers use the collected information described above 
to determine an offeror's responsibility for contract award.

C. Annual Burden

    Respondents: 1,802,621.
    Total Annual Responses: 1,953,229.
    Total Burden Hours: 547,110.

D. Public Comment

    A 60-day notice was published in the Federal Register at 86 FR 
71500, on December 16, 2021. No comments were received.
    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. 9000-0198, Certain Federal Acquisition Regulation Part 9 
Requirements.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2022-03567 Filed 2-17-22; 8:45 am]
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