[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Notices]
[Pages 17292-17294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06479]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0069; Docket No. 2022-0053; Sequence No. 10]


Information Collection; Indirect Cost Rate Proposals, Payments to 
Small Business Subcontractors, and Bankruptcy Notifications

AGENCY: Department of Defense (DOD), General Services Administration 
(GSA),

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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 indirect 
cost rate proposals, payments to small business subcontractors, and 
bankruptcy notifications.
    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 September 30, 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 May 
27, 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-
0069, Indirect Cost Rate Proposals, Payments to Small Business 
Subcontractors, and Bankruptcy Notifications. 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: Zenaida Delgado, Procurement Analyst, 
at telephone 202-969-7207, or [email protected].

SUPPLEMENTARY INFORMATION:

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

    9000-0069, Indirect Cost Rate Proposals, Payments to Small Business 
Subcontractors, and Bankruptcy Notifications.

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-
0069 and combines it with the previously approved information 
collections under OMB Control No. 9000-0196, with the new title 
``Indirect Cost Rate Proposals, Payments to Small Business 
Subcontractors, and Bankruptcy Notifications''. Upon approval of this 
consolidated information collection, OMB Control No. 9000-0196 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:
    FAR 52.216-7, Allowable Cost and Payment. This 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. Paragraphs (d)(2)(iii) and (iv) of this clause provide 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.
    FAR 52.216-15, Predetermined Indirect Cost Rates. This clause 
repeats the requirement in the FAR clause at 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.
    FAR 52.242-4, Certification of Final Indirect Costs. This clause 
requires the contractor's final indirect cost rate proposal 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 that provide for establishment of final indirect cost rates, 
but the Department of Energy may provide an alternate clause for its 
Management and Operating contracts.
    The contracting officer and auditor use the proposal and supporting 
data provided under the FAR clauses at 52.216-7, 52.216-15, and 52.242-
4 to verify and analyze the indirect costs and to determine the final 
indirect cost rates or to prepare the Government negotiating position 
if negotiation of the rates is required under the contract terms.
    FAR 52.242-5, Payments to Small Business Subcontractors. This 
clause requires the prime contractor to self-report to the contracting 
officer when the prime contractor makes late or reduced payments to 
small business subcontractors. The notice shall include the reason(s) 
for making the reduced or untimely payment. The contracting officer 
uses the information to record the identity of contractors with a 
history of late or reduced payments to small business subcontractors in 
the Federal Awardee Performance and Integrity Information System. The 
contracting officer considers and evaluates the contractor's written 
explanation for a reduced or an untimely payment to determine whether 
the reduced or untimely payment is justified.
    FAR 52.242-13, Bankruptcy. This clause requires contractors to 
notify the contracting officer within five days after initiating the 
proceedings relating to bankruptcy filing. The contracting officer uses 
the notification received under this clause to ensure the contractor's 
ability to perform its government contract.

C. Annual Burden

    Respondents: 6,265.
    Total Annual Responses: 6,265.
    Total Burden Hours: 1,504,083.
    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

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Control No. 9000-0069, Indirect Cost Rate Proposals, Payments to Small 
Business Subcontractors, and Bankruptcy Notifications.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2022-06479 Filed 3-25-22; 8:45 am]
BILLING CODE 6820-EP-P