[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Notices]
[Pages 69273-69275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25229]



[[Page 69273]]

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GENERAL SERVICES ADMINISTRATION

[OMB Control No. 3090-0306; Docket No. 2022-0001; Sequence No. 14]


Submission for OMB Review; General Services Administration 
Acquisition Regulation; Transactional Data 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. 3090-0306, Transactional Data Reporting.

DATES: Submit comments on or before: December 19, 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) and non-FSS offerors and contractors subject to transactional 
data report (TDR) requirements. Transactional data encompasses the 
historical details of the products or services delivered by a 
contractor during the performance of task or delivery orders issued 
against a contract subject to TDR requirements. TDR requirements are 
found within Alternate I of General Services Administration Acquisition 
Regulation (GSAR) clause 552.238-80, Industrial Funding Fee and Sales 
Reporting, and 552.216-75, Transactional Data Reporting. GSAR clauses 
552.216-70, Economic Price Adjustment--FSS Multiple Award Schedule 
Contracts (Deviation II); Alternate I of 552.238-81, Price Reductions; 
552.238-83 Examination of Records by GSA; and 552.238-85, Contractor's 
Billing Responsibilities, are additional GSAR clause directly 
associated with FSS contracts subject to these requirements. This 
information collection does not apply to GSA FSS offerors and 
contractors subject to pricing disclosures and sales reporting 
requirements. The burden associated with pricing disclosures and sales 
reporting requirements is covered under information collection OMB 
control number 3090-0235, Federal Supply Schedule Pricing Disclosures 
and Sales Reporting.

B. Annual Reporting Burden

    The total estimated annual public cost burden for this information 
collection is estimated to be $18,104,484.46. The total estimated 
annual public burden hours resulting from this information collection 
is 281,344 hours. These numbers are calculated by adding up the total 
estimated annual burden cost/hour for each of the following GSAR 
clauses covered by this information collection: 552.216-75, 
Transactional Data Reporting; Alternate I of 552.238-80, Industrial 
Funding Fee and Sales Reporting; Alternate I of 552.238-81, Price 
Reductions; 552.216-70, Economic Price Adjustment--FSS Multiple Award 
Schedule Contracts (Deviation II); 552.238-83, Examination of Records 
by GSA; and 552.238-85, Contractor's Billing Responsibilities.

Burden Cost/Hour Calculation.

    Total estimated burden hour/cost for the basic version of 552.216-
75, Transactional Data Reporting, and Alternate I of GSAR clause 
552.238-80, Industrial Funding Fee and Sales Reporting.
    The two primary activities associated with 552.216-75, 
Transactional Data Reporting, and Alternate I of GSAR clause 552.238-
80, Industrial Funding Fee and Sales Reporting, are initial setup and 
monthly reporting. The below provides the basis for calculating these 
two activities.
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 senior level 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 TDR 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 240 hours for an automated system.
Monthly Reporting
    [cir] Estimated hourly rate & job position equivalency. The 
estimated hourly cost associated with this task is based on the task 
being accomplished by mid-level 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 show the estimated number of contractors (i.e., 
both FSS and Non-FSS contractors) by sales revenue category:

                    Estimated Number of FSS and Non-FSS Contractors by Sales Revenue Category
----------------------------------------------------------------------------------------------------------------
                                                                        FSS           Non-FSS     FSS &  non-FSS
----------------------------------------------------------------------------------------------------------------
Category 1......................................................             100             622             722
Category 2......................................................             500               2             502
Category 3......................................................           1,000              32           1,032

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Category 4......................................................             500              73             573
Category 5......................................................             672             418           1,090
                                                                 -----------------------------------------------
    Total.......................................................           2,822           1,147           3,969
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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:

          Percentage of Contractors by Type of Reporting System
------------------------------------------------------------------------
                                          Manual  system     Automated
             Sales category                     (%)         system  (%)
------------------------------------------------------------------------
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 contractors for 
both FSS contracts and Non-FSS contracts by type of reporting system:

    Estimated Number of Contractors for Both FSS Contracts and Non-FSS Contracts by Type of Reporting System
----------------------------------------------------------------------------------------------------------------
                                                                                                     Automated
                                                  Manual  system     Automated    Manual  system   system  (non-
                                                       (FSS)       system  (FSS)     (non-FSS)         FSS)
----------------------------------------------------------------------------------------------------------------
Category 1......................................             100               0             622               0
Category 2......................................             500               0               2               0
Category 3......................................             900             100              29               3
Category 4......................................             275             275              36              37
Category 5......................................              67             605              42             376
                                                 ---------------------------------------------------------------
    Totals......................................           1,842             980             731             416
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    [cir] Estimated monthly reporting time (hours)--by reporting system 
and sales revenue category. GSA estimates that the monthly 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 monthly reporting times per sales revenue category and system 
type:

         Monthly Hours by Type of Reporting System and Category
------------------------------------------------------------------------
                                              Manual         Automated
                                              systems         systems
------------------------------------------------------------------------
Category 1..............................            0.25            2.00
Category 2..............................            2.00            2.00
Category 3..............................            4.00            2.00
Category 4..............................           16.00            2.00
Category 5..............................           48.00            2.00
------------------------------------------------------------------------

    Total estimated burden hour/cost for GSAR clause 552.216-75, 
Transactional Data Reporting.

Initial Setup.
Total estimated annual burden hours: 28,464
Total estimated annual cost burden: $2,348,650.03

Monthly Reporting.
Total estimated annual burden hours: 44,394
Total estimated annual cost burden: $2,606,982.16


[[Page 69275]]


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

Initial Setup.
Total estimated annual burden hours: 34,328
Total estimated annual cost burden: $2,832,506.26

Monthly Reporting.
Total estimated annual burden hours: 170,412
Total estimated annual cost burden: $10,007,231.69

    Total estimated annual burden hour/cost for 552.216-70, Economic 
Price Adjustment--FSS Multiple Award Schedule Contracts (Deviation II).

Estimated # of responses per year: 461
Estimated burden hours per response: x 4.25
Total estimated annual burden hours: 1,959.25
Estimated cost per hour: x $82.51
Total estimate annual cost burden: $161,663.60

    Total estimated annual burden hour/cost for Alternate I of GSAR 
clause 552.238-81, Price Reductions.

Estimated # of responses per year: 25
Estimated burden hours per response: x 4.25
Total estimated annual burden hours: 106
Estimated cost per hour**: x $82.51
Total estimate annual cost burden: $8,775.00

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

Estimated # of respondents per year: 8
Estimated burden hours per respondent: x 455
Total estimated annual burden hours: 3,640
Estimated cost per hour**: x $82.51
Total estimated annual cost burden: $300,347.32

    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 Alternate 
I of GSAR clause 552.238-80, Industrial Funding Fee and Sales 
Reporting, which is covered by this information collection.

Total Estimated Annual Burden Hour/Cost

    The total estimated annual burden hour/cost imposed by this 
information collection is as follows:

Total estimated annual burden hours
FSS contracts: 210,446
Non-FSS contracts: 72,858
Total estimated annual burden hour: 281,344
Total estimated annual cost burden
FSS contracts: $13,310,515.87
Non-FSS contracts: $4,955,632.19
Total estimated annual cost burden: $18,104,484.46

C. Public Comments

    A 60-day notice published in the Federal Register at 87 FR 51418 on 
August 22, 2022. In response, GSA received a letter from the Coalition 
for Government Procurement (the Coalition). The following is a summary 
of the letter:
    1. Comment: The Coalition supports the TDR program and generally 
agrees with GSA's assessment of the burden associated with the renewal 
of this information collection.
    Response: GSA appreciates the Coalition's support of the TDR 
program and its assessment of the burden for this renewal.
    2. Comment: The Coalition believes GSA underestimates the average 
burden of automated reporting in both absolute time required and the 
complexity of the process. Specifically, the Coalition believes the 
estimated burden for automated reporting should be 10 hours.
    Response: GSA believes the estimated hours for automated reporting 
is valid given TDR imposes a progressive burden--one that increases 
with a contractor's sales volume. Namely, reporting time increases with 
a contractor's applicable sales volume, so contractors with lower to no 
reportable sales will spend little time on monthly reporting, while 
those contractors with more reportable sales may have a higher 
reporting burden, such as the suggested 10 hours.
    3. Comment: The Coalition recommends GSA expand the use of TDR as 
an option across the MAS Program and provide further guidance and 
training on the use of TDR data.
    Response: GSA anticipates expanding the use of TDR as an option 
across the MAS program as well as providing any additional guidance and 
training as part of any such expansion.
    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 ``Information Collection 3090-0306, Transactional Data 
Reporting'', in all correspondence.

Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Government-wide Policy.
[FR Doc. 2022-25229 Filed 11-17-22; 8:45 am]
BILLING CODE 6820-61-P