[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Notices]
[Pages 51421-51423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18005]



[[Page 51421]]

-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION

[OMB Control No. 3090-0235; Docket No. 2022-0001; Sequence No. 13]


Information Collection; General Services Administration 
Acquisition Regulation; Federal Supply Schedule Pricing Disclosures and 
Sales Reporting

AGENCY: Office of Acquisition Policy, General Services Administration 
(GSA).

ACTION: Notice of request for comments regarding an extension to an 
existing OMB clearance.

-----------------------------------------------------------------------

SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat Division is submitting a request to the Office 
of Management and Budget (OMB) to review and approve an extension of a 
previously approved information collection requirement regarding OMB 
Control No. 3090-0235, Federal Supply Schedule Pricing Disclosures and 
Sales Reporting.

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

ADDRESSES: Submit comments identified by ``Information Collection 3090-
0235, Federal Supply Schedule Pricing Disclosures and Sales Reporting'' 
via http://www.regulations.gov. Submit comments via the Federal 
eRulemaking portal by searching the OMB control number. Select the link 
``Comment'' that corresponds with information collection 3090-0235. 
Follow the instructions provided on the screen. Please include your 
name, company name (if any), and ``Information Collection 3090-0235, 
Federal Supply Schedule Pricing Disclosures and Sales Reporting'' on 
your attached document. If your comment cannot be submitted using 
regulations.gov, call or email the points of contact in the FOR FURTHER 
INFORMATION CONTACT section of this document for alternate 
instructions.
    Instructions: Please submit comments only and cite information 
collection ``3090-0235, Federal Supply Schedule Pricing Disclosures and 
Sales Reporting'' in all correspondence related to this collection. All 
comments received will be posted without change to regulations.gov, 
including any personal and/or business confidential information 
provided. To confirm receipt of your comment(s), please check 
regulations.gov, approximately two-to-three days after submission to 
verify posting.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas O'Linn, Procurement 
Analyst, General Services Acquisition Policy Division, GSA, 202-445-
0390 or email [email protected].

SUPPLEMENTARY INFORMATION:

A. Purpose

    This information collection is for GSA Federal Supply Schedules 
(FSS) offerors and contractors subject to certain pricing disclosures 
and sales reporting requirements. These pricing disclosures and sales 
reporting requirements are found within the basic version of General 
Services Administration Acquisition Regulation (GSAR) clause 552.238-
80, Industrial Funding Fee and Sales Reporting, and GSAR 515.408(b) and 
(c). Alternate I of GSAR clause 552.216-70, Economic Price Adjustment--
FSS Multiple Award Schedule Contracts; basic version of GSAR clause 
552.238-81, Price Reductions; 552.238-83 Examination of Records by GSA; 
and 552.238-85, Contractor's Billing Responsibilities, are additional 
GSAR clauses directly associated with FSS contracts subject to these 
requirements. This information collection does not apply to GSA FSS 
offerors and contractors subject to Transactional Data Reporting (TDR) 
requirements. The burden associated with TDR requirements is covered 
under information collection OMB control number 3090-0306, 
Transactional Data Reporting.

B. Annual Reporting Burden

    The total estimated annual public cost burden for this information 
collection is estimated to be $117,802,204.70 The total estimated 
annual public burden hours resulting from this information collection 
is 1,452,326.36 hours. These numbers are calculated by adding up the 
total estimated annual burden cost/hour for each of the following GSAR 
sections/clauses covered by this information collection: GSAR section 
515.408(b) and (c); basic version of 552.238-80, Industrial Funding Fee 
and Sales Reporting; Alternate I of 552.216-70, Economic Price 
Adjustment--FSS Multiple Award Schedule Contracts; basic version of 
552.238-81, Price Reductions; 552.238-83 Examination of Records by GSA; 
and 552.238-85, Contractor's Billing Responsibilities.
    The calculation for some of these numbers account for the variation 
of burden associated with compliance with a given clause/form/
instruction requirement. For example, for some of the calculations GSA 
is calculating the burden based on the difference between a ``heavier 
lift'' contract and a ``lighter lift'' contract. Contracts with heavier 
lifts are those with the characteristics leading to increased burden, 
such as higher sales volume, higher number of offerings, complexity of 
their offerings, higher transactions, complexity of transactions, and/
or intricate business structures. For the purpose of determining 
``lift'', GSA is utilizing the Pareto principle, or ``80/20 rule,'' 
which states 80 percent of effects come from 20 percent of the 
population. Accordingly, GSA is categorizing contracts with a heavier 
lift as 20 percent and those with a lighter lift as those representing 
80 percent.

Burden Cost/Hour Calculation

    Total estimated burden hour/cost for the basic version of 552.238-
80, Industrial Funding Fee and Sales Reporting.
    The two primary activities associated with the basic version of 
552.238-80, Industrial Funding Fee and Sales Reporting are initial 
setup and quarterly reporting. The below provides the basis for 
calculating the burden associated with these two activities. The burden 
associated with these two activities is then used to calculate the 
overall burden for this clause.
Initial Setup
    [cir] Estimated hourly rate & job position equivalency. The 
estimated hourly cost associated with this task is based on the task 
being accomplished by personnel equivalent to a GS-14, Step 5 employee. 
A GS-14, Step 5 employee hourly rate for 2022 is $82.51 (``Rest of 
U.S.'' locality using OPM Salary Table 2022-GS, Effective January 
2022).
    [cir] Estimated hours by system for initial set-up. A contractor 
complying with these requirements will absorb a one-time setup burden 
for purposes of establishing a reporting system (i.e., automated 
reporting system vs. manual reporting system). The estimated setup time 
varies between automated and manual reporting systems. GSA estimates 
the average one-time initial setup burden is 8 hours for a manual 
system and 40 hours for an automated system.

Quarterly Reporting

    [cir] Estimated hourly rate & job position equivalency. The 
estimated hourly cost associated with this task is based on the task 
being accomplished by personnel equivalent to a GS-12, Step 5 employee. 
A GS-12, Step 5 employee hourly rate for 2022 is $58.72 (i.e., using 
``Rest of U.S.'' locality within the OPM Salary Table for 2022-GS, 
Effective January 2022).
    [cir] Categorization of contractors by sales revenue. GSA estimates 
the likelihood of contractors with lower to no reportable sales will 
spend relatively

[[Page 51422]]

little time on reporting. In contrast, contractors with more reportable 
sales will face a higher reporting burden. To account for this 
difference, GSA is using the below sale revenue categories:

Category 1: No sales activity/revenue (i.e., $0.00)
Category 2: Sales between $0.01 and $25,000.00
Category 3: Sales between $25,000.01 and $250,000.00
Category 4: Sales between $250,000.01 and $1 million
Category 5: Sales over $1 million

    The below table shows the estimated number of FSS contractors by 
sales revenue category:

                FSS Contractors by Sales Revenue Category
------------------------------------------------------------------------
                                                                   FSS
------------------------------------------------------------------------
Category 1....................................................     6,292
Category 2....................................................     1,160
Category 3....................................................     2,987
Category 4....................................................     1,828
Category 5....................................................     2,762
                                                               ---------
    Total.....................................................    15,029
------------------------------------------------------------------------

    [cir] Automated system vs. manual reporting system. GSA estimates 
the likelihood of a contractor creating an automated reporting system 
increases with a contractor's sales revenue. In contrast, contractors 
with little to no sales revenue are unlikely to expend the effort 
needed to establish an automated reporting system. To account for this 
difference, GSA is using the below table. The below table shows by 
sales revenue category the estimated percentage of the likelihood of a 
contractor using a manual reporting system vs automated reporting 
system:

                                  % of Contractors by Type of Reporting System
                                             [Manual vs. automated]
----------------------------------------------------------------------------------------------------------------
                                                                              Manual system    Automated system
                              Sales category                                       (%)                (%)
----------------------------------------------------------------------------------------------------------------
Category 1................................................................               100                   0
Category 2................................................................               100                   0
Category 3................................................................                90                  10
Category 4................................................................                50                  50
Category 5................................................................                10                  90
----------------------------------------------------------------------------------------------------------------

    The following table show the estimated number of FSS contractors by 
type of reporting system:

                         Estimated Number of FSS Contractors by Type of Reporting System
                                             [Manual vs. automated]
----------------------------------------------------------------------------------------------------------------
                                                                              Manual system    Automated system
----------------------------------------------------------------------------------------------------------------
Category 1................................................................             6,292                   0
Category 2................................................................             1,160                   0
Category 3................................................................             2,688                 299
Category 4................................................................               914                 914
Category 5................................................................               276               2,486
                                                                           -------------------------------------
    Total.................................................................            11,330               3,699
----------------------------------------------------------------------------------------------------------------

    [cir] Estimated quarterly reporting time (hours)--by reporting 
system and sales revenue category. GSA estimates that the reporting 
time varies by type of reporting system (i.e., manual or automated) and 
by respective sales revenue category. The below table shows GSA's 
estimated quarterly reporting time per sales revenue category and 
system type:

             Quarterly Reporting Time--Hours by Type of Reporting System and Sales Revenue Category
----------------------------------------------------------------------------------------------------------------
                                                                             Manual systems    Automated systems
----------------------------------------------------------------------------------------------------------------
Category 1................................................................              0.25                2.00
Category 2................................................................              1.00                2.00
Category 3................................................................              2.00                2.00
Category 4................................................................              4.00                2.00
Category 5................................................................              8.00                2.00
----------------------------------------------------------------------------------------------------------------

    Total estimated burden hour/cost for the basic version of GSAR 
clause 552.238-80, Industrial Funding Fee and Sales Reporting.

Initial Setup.
Total estimated annual burden hours: 18,240
Total estimated annual cost burden: $1,505,037.12
Quarterly Reporting.
Total estimated annual burden hours: 85,484
Total estimated annual cost burden: $5,019,941.05

    Total estimated annual burden hour/cost for GSAR 515.408(b) and 
(c).

[[Page 51423]]

Heavier Lift
Estimated # of responses per year: 499
Estimated burden hours per response: x 82.96
Total estimated annual burden hours: 41,397.04
Estimated cost per hour: x $82.51
Total estimate annual cost burden: 3,415,793.96
Lighter Lift
Estimated # of responses per year: 1,996
Estimated burden hours per response: x 64.82
Total estimated annual burden hours: 129,381.72
Estimated cost per hour: x $82.51
Total estimate annual cost burden: $10,675,591.35

    Total estimated annual burden hour/cost for Alternate I of 552.216-
70, Economic Price Adjustment--FSS Multiple Award Schedule Contracts.
Heavier Lift
Estimated # of responses per year: 420
Estimated burden hours per response: x 10.45
Total estimated annual burden hours: 4,389
Estimated cost per hour: x $82.51
Total estimate annual cost burden: $362,149.56

Lighter Lift
Estimated # of responses per year: 1,680
Estimated burden hours per response: x 9.17
Total estimated annual burden hours: 15,406.60
Estimated cost per hour: x $82.51
Total estimate annual cost burden: $1,271,162.27

    Total estimated annual burden hour/cost for basic version of GSAR 
clause 552.238-81, Price Reductions. The primary activities associated 
with this clause are training, compliance systems, and notification. As 
a result, for the purpose of calculating the overall burden associated 
with this clause, the burden was calculated for each of these 
activities using first. For some of these activities the heavier lift 
and lighter lift categorization was used.
Training--Heavier Lift
Estimated # of responses per year: 2,620
Estimated burden hours per response: x 40
Total estimated annual burden hours: 104,800
Estimated cost per hour: x $82.51
Total estimate annual cost burden: $8,647,362.40
Training--Lighter Lift
Estimated # of responses per year: 10,479
Estimated burden hours per response: x 20
Total estimated annual burden hours: 209,580
Estimated cost per hour: x $82.51
Total estimate annual cost burden: $17,293,074.54
Monitoring--Heavier Lift
Estimated # of responses per year: 2,620
Estimated burden hours per response: x 175
Total estimated annual burden hours: 458,500
Estimated cost per hour: x $82.51
Total estimate annual cost burden: $37,832,210.50
Monitoring--Lighter Lift
Estimated # of responses per year: 10,479
Estimated burden hours per response: x 35
Total estimated annual burden hours: 366,765
Estimated cost per hour: x $82.51
Total estimate annual cost burden: $30,262,880.45
Notification
Estimated # of responses per year: 900
Estimated burden hours per response: x 4.25
Total estimated annual burden hours: 3,825
Estimated cost per hour: x $82.51
Total estimate annual cost burden: $315,612.23

    Total estimated annual burden hour/cost for GSAR clause 552.238-83 
Examination of Records by GSA.

Estimated # of respondents per year: 32
Estimated burden hours per respondent: x 455
Total estimated annual burden hours: 14,560
Estimated cost per hour: x $82.51
Total estimated annual cost burden: $1,201,389.28

    Total estimated annual burden hour/cost for GSAR clause 552.238-85, 
Contractor's Billing Responsibilities, is 0 burden hours/$0.00 burden 
cost. The reason for zero burden being associated with this clause is 
because the record keeping requirement contained in this clause does 
not add any additional burden to what is already captured by the basic 
version of GSAR clause 552.238-80, Industrial Funding Fee and Sales 
Reporting, which is covered by this information collection.

C. Public Comments

    Public comments are particularly invited on: Whether this 
collection of information is necessary and whether it will have 
practical utility; whether our estimate of the public burden of this 
collection of information is accurate and based on valid assumptions 
and methodology; ways to enhance the quality, utility, and clarity of 
the information to be collected.
    Obtaining Copies of Proposals: 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. 3090-0235, Federal Supply Schedule Pricing 
Disclosures and Sales Reporting'', in all correspondence.

Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Government-wide Policy.
[FR Doc. 2022-18005 Filed 8-19-22; 8:45 am]
BILLING CODE 6820-61-P