[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Notices]
[Pages 40842-40843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14557]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0077; Docket No. 2022-0053; Sequence No. 17]


Information Collection; Federal Acquisition Regulation Part 46 
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 Federal 
Acquisition Regulation part 46 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 October 31, 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 
September 6, 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-
0077, Federal Acquisition Regulation Part 46 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: Zenaida Delgado, Procurement Analyst, 
at telephone 202-969-7207, or [email protected].

SUPPLEMENTARY INFORMATION:

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

    9000-0077, Federal Acquisition Regulation Part 46 Requirements.

[[Page 40843]]

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-
0077 and combines it with the previously approved information 
collections under OMB Control No. 9000-0187, with the new title 
``Federal Acquisition Regulation Part 46 Requirements''. Upon approval 
of this consolidated information collection, OMB Control No. 9000-0187 
will be discontinued. The burden requirements previously approved under 
the discontinued number will be covered under OMB Control No. 9000-
0077.
    This clearance covers the information that contractors may be 
required to submit to comply with the following FAR clauses:

 FAR Inspection Clauses
 52.246-2, Inspection of Supplies--Fixed-Price
 52.246-3, Inspection of Supplies--Cost-Reimbursement
 52.246-4, Inspection of Services--Fixed-Price
 52.246-5, Inspection of Services--Cost-Reimbursement
 52.246-6, Inspection--Time-and-Material and Labor-Hour
 52.246-7, Inspection of Research and Development--Fixed-Price
 52.246-8, Inspection of Research and Development--Cost-
Reimbursement
 52.246-12, Inspection of Construction

    These FAR clauses require the contractor to provide and maintain an 
inspection system that is acceptable to the Government, and to keep 
complete records of all inspection work performed and make it available 
to the Government. These clauses give the Government the right to 
inspect and test all work.
    Records required under these clauses are kept as a part of a 
contractor's normal business operations. To ensure they provide a 
quality product or service, every business must have standards and 
methods for reviewing or inspecting the quality of their product or 
service. These standards will differ by industry and the complexity of 
the product or service provided.
    The Government relies on a contractor's existing quality assurance 
system for contracts for commercial products. The Government relies on 
the contractor to accomplish all inspection and testing needed to 
ensure that acquired commercial services conform to contract 
requirements before they are tendered to the Government. See FAR 12.208 
and 46.202-1. Likewise, when the contract amount is expected to be less 
than the simplified acquisition threshold, these clauses do not apply.
    The FAR ``inspection clauses'' are used for quality assurance 
depending on the type of contract, or the product or service being 
provided. These clauses do not require the transmittal or sending of 
documentation to the Government, but they have record keeping 
requirements. The Government may review these records to confirm the 
contract quality requirements are being met. This review is risk-based 
and may or may not include the review of all quality assurance records. 
Generally, the records are more likely to be reviewed when the 
contractor is not meeting quality standards or as part of Government 
Contract quality assurance surveillance for complex requirements. 
Subject matter experts estimate these records are requested from 10 
percent or fewer of contractors.
    The information is used to assure that supplies and services 
provided under Government contracts conform to contract requirements.
     FAR 52.246-15, Certificate of Conformance. This clause 
requires the contractor to complete and sign a certificate of 
conformance (CoC). This clause is used in solicitations and contracts 
for supplies or services at the discretion of the contracting officer 
when it is in the Government's interest, small losses would be incurred 
in the event of a defect; or because of the contractor's reputation or 
past performance, or when it is likely that the supplies or services 
furnished will be acceptable and any defective work would be replaced, 
corrected, or repaired without contest.
     FAR 52.246-26, Reporting Nonconforming Items. This clause 
requires contractors to provide written notification to the contracting 
officer within 60 days of becoming aware or having reason to suspect, 
such as through inspection, testing, record review, or notification 
from another source (e.g., seller, customer, third party) that any end 
item, component, subassembly, part, or material contained in supplies 
purchased by the contractor for delivery to, or for, the Government is 
counterfeit or suspect counterfeit. This clause requires certain 
contractors to submit a report to the Government-Industry Data Exchange 
Program (GIDEP) system at www.gidep.org within 60 days of becoming 
aware or having reason to suspect, such as through inspection, testing, 
record review, or notification from another source (e.g., seller, 
customer, third party) that an item purchased by the contractor for 
delivery to, or for, the Government is a counterfeit or suspect 
counterfeit item; or a common item that has a major or critical 
nonconformance.
    This information will be used by the Government to address and 
detect nonconforming and counterfeit items. Perhaps more important, 
this information will be available to businesses for searching prior to 
placing orders, thus enabling the avoidance of purchasing counterfeit 
items in the first place.

C. Annual Burden

    Respondents: 7,859.
    Total Annual Responses: 9,301.
    Total Burden Hours: 33,015.
    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. 9000-0077, Federal Acquisition Regulation Part 46 
Requirements.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2022-14557 Filed 7-7-22; 8:45 am]
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