[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Notices]
[Pages 38406-38407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13783]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0026; Docket No. 2022-0053; Sequence No. 13]


Submission for OMB Review; Change Order Accounting and 
Notification of Changes

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 an 
extension of a previously approved information collection requirement 
regarding change order accounting and notification of changes.

DATES: Submit comments on or before July 28, 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-
0026, Change Order Accounting and Notification of Changes. 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)

    9000-0026, Change Order Accounting and Notification of Changes.

B. Need and Uses

    This justification supports extension of the expiration date of OMB 
Control No. 9000-0026. This clearance covers the information that 
contractors must submit to comply with the Federal Acquisition 
Regulation (FAR) part 43

[[Page 38407]]

requirements as stated in the following clauses:
    a. 52.243-4, Changes. For acquisitions for dismantling, demolition, 
or removal of improvements; and fixed-price construction contracts that 
exceed the simplified acquisition threshold (SAT), the contractor must 
assert its right to an adjustment under this clause within 30 days 
after receipt of a written change order or the furnishing of a written 
notice, by submitting to the contracting officer a written statement 
describing the general nature and amount of proposal, unless this 
period is extended by the Government. The written notice covers any 
other written or oral order (which includes direction, instruction, 
interpretation, or determination) from the contracting officer that 
causes a change. The contractor gives the contracting officer written 
notice stating (1) the date, circumstances, and source of the order and 
(2) that the contractor regards the order as a change order. The 
statement of proposal for adjustment may be included in the written 
notice.
    b. 52.243-6, Change Order Accounting. The contracting officer may 
require change order accounting whenever the estimated cost of a change 
or series of related changes exceeds $100,000. The contractor, for each 
change or series of related changes, shall maintain separate accounts, 
by job order or other suitable accounting procedure, of all incurred 
segregable, direct costs (less allocable credits) of work, both changed 
and not changed, allocable to the change. The contractor shall maintain 
these accounts until the parties agree to an equitable adjustment or 
the matter is conclusively disposed of under the Disputes clause. This 
requirement is necessary in order to be able to account properly for 
costs associated with changes in supply and research and development 
(R&D) contracts of significant technical complexity, if numerous 
changes are anticipated, or construction contracts if deemed 
appropriate by the contracting officer.
    c. 52.243-7, Notification of Changes. The clause is available for 
use primarily in negotiated R&D or supply contracts for the acquisition 
of major weapon systems or principal subsystems. If the contract amount 
is expected to be less than $1,000,000, the clause shall not be used, 
unless the contracting officer anticipates that situations will arise 
that may result in a contractor alleging that the Government has 
effected changes other than those identified as such in writing and 
signed by the contracting officer. The contractor shall notify the 
Administrative Contracting Officer in writing if the contractor 
identifies any Government conduct (including actions, inactions, and 
written or oral communications) that the contractor regards as a change 
to the contract terms and conditions. This excludes changes identified 
as such in writing and signed by the contracting officer. On the basis 
of the most accurate information available to the contractor, the 
notice shall state--
    (1) The date, nature, and circumstances of the conduct regarded as 
a change;
    (2) The name, function, and activity of each Government individual 
and Contractor official or employee involved in or knowledgeable about 
such conduct;
    (3) The identification of any documents and the substance of any 
oral communication involved in such conduct;
    (4) In the instance of alleged acceleration of scheduled 
performance or delivery, the basis upon which it arose;
    (5) The particular elements of contract performance for which the 
Contractor may seek an equitable adjustment under this clause, 
including--
    (i) What line items have been or may be affected by the alleged 
change;
    (ii) What labor or materials or both have been or may be added, 
deleted, or wasted by the alleged change;
    (iii) To the extent practicable, what delay and disruption in the 
manner and sequence of performance and effect on continued performance 
have been or may be caused by the alleged change;
    (iv) What adjustments to contract price, delivery schedule, and 
other provisions affected by the alleged change are estimated; and
    (6) The Contractor's estimate of the time by which the Government 
must respond to the Contractor's notice to minimize cost, delay or 
disruption of performance.
    Contracting officers use the notices and information provided by 
contractors in response to a change notice to negotiate an equitable 
adjustment under the contract that may result from the change order.

C. Annual Burden

    Respondents & Recordkeepers: 2,611.
    Total Annual Responses: 1,152.
    Total Burden Hours: 9,238 (1,152 reporting hours + 8,086 
recordkeeping hours).

D. Public Comment

    A 60-day notice was published in the Federal Register at 87 FR 
24163, on April 22, 2022. 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. 9000-0026, Change Order Accounting and Notification of 
Changes.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2022-13783 Filed 6-27-22; 8:45 am]
BILLING CODE 6820-EP-P