[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Notices]
[Pages 66185-66188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23815]


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GENERAL SERVICES ADMINISTRATION

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


Submission for OMB Review; 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.

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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: December 2, 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.

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

[[Page 66186]]

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 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
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Category 1....................................................     6,292
Category 2....................................................     1,160
Category 3....................................................     2,987
Category 4....................................................     1,828
Category 5....................................................     2,762
                                                               ---------
    Total.....................................................    15,029
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    [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]
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                                                                                               Automated system
                             Sales category                                Manual system (%)          (%)
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Category 1..............................................................                 100                   0
Category 2..............................................................                 100                   0
Category 3..............................................................                  90                  10
Category 4..............................................................                  50                  50
Category 5..............................................................                  10                  90
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    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]
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                                                                             Manual system     Automated system
----------------------------------------------------------------------------------------------------------------
Category 1..............................................................               6,292                   0

[[Page 66187]]

 
Category 2..............................................................               1,160                   0
Category 3..............................................................               2,688                 299
Category 4..............................................................                 914                 914
Category 5..............................................................                 276               2,486
                                                                         ---------------------------------------
    Total...............................................................              11,330               3,699
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    [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
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                                                                            Manual systems     Automated systems
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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
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    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).
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

[[Page 66188]]

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

    A 60-day notice published in the Federal Register at 87 FR 51421 on 
August 22, 2022. No comments were received.
    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. 2022-23815 Filed 11-1-22; 8:45 am]
BILLING CODE 6820-61-P