80_FR_66742 80 FR 66533 - Submission for OMB Review; Identification of Predecessors

80 FR 66533 - Submission for OMB Review; Identification of Predecessors

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 209 (October 29, 2015)

Page Range66533-66534
FR Document2015-27554

Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve a new information collection requirement concerning Identification of Predecessors. A notice was published in the Federal Register at 79 FR 71975, on December 4, 2014. Two comments were received.

Federal Register, Volume 80 Issue 209 (Thursday, October 29, 2015) 
[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)]
[Notices]
[Pages 66533-66534]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27554]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0189; Docket No. 2015-0055; Sequence 52]


Submission for OMB Review; Identification of Predecessors

AGENCY: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice of request for public comments regarding a new OMB 
clearance.

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SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat Division will be submitting to the Office of 
Management and Budget (OMB) a request to review and approve a new 
information collection requirement concerning Identification of 
Predecessors. A notice was published in the Federal Register at 79 FR 
71975, on December 4, 2014. Two comments were received.

DATES: Submit comments on or before November 30, 2015.

ADDRESSES: Submit comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing this burden to: Office of Information and Regulatory Affairs 
of OMB, Attention: Desk Officer for GSA, Room 10236, NEOB, Washington, 
DC 20503. Additionally submit a copy to GSA by any of the following 
methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching for OMB 
control number 9000-0189, Identification of Predecessors. Select the 
link ``Submit a Comment'' that corresponds with ``9000-0189; 
Identification of Predecessors.'' Follow the instructions provided at 
the ``Submit a Comment'' screen. Please include your name, company name 
(if any), and ``9000-0189; Identification of Predecessors'' on your 
attached document.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. 
ATTN: Ms. Flowers/IC 9000-0189, Identification of Predecessors.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0189, in all correspondence related to this case. 
Comments received generally will be posted without change to http://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 (except allow 30 days for 
posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement 
Analyst, Federal Acquisition Policy Division, at 202-219-0202 or email 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Purpose

    This final rule implements section 852 of the National Defense 
Authorization Act for Fiscal Year 2013 to include in the Federal 
Awardee Performance and Integrity Information System (FAPIIS), to the 
extent practicable, identification of any immediate owner or 
subsidiary, and all predecessors of an offeror that held a Federal 
contract or grant within the last three years. The objective is to 
provide a more comprehensive understanding of the performance and 
integrity of the corporation before awarding a Federal contract.

B. Discussion and Analysis

    The Civilian Agency Acquisition Council and the Defense Acquisition 
Regulations Council (the Councils) reviewed the comments in the 
development of the final rule. A discussion of the comments is provided 
as follows:

A. Summary of Significant Changes in Response to Public Comments

    There were no changes made in the final rule in response to the 
public comments received.

B. Analysis of Public Comments

    Comment: One respondent commented that it would be helpful if the 
relevant FAR provisions and FAR clause 52.204-WW clarified whether the 
three year ``lookback'' period starts on the effective date of when the 
predecessor merged or was acquired by the successor or the date the 
contracts of the predecessor were novated from the predecessor to the 
successor.
    Response: The ``lookback'' period starts on the date the offeror 
signs the representation. If, within the three years prior to signing 
the representation, there was a merger or acquisition, it shall be 
reported. The date of novation is not relevant for purposes of this 
rule. Comment: One respondent supported the statute because it requires 
that information be provided to the contracting officers to aid in 
making responsibility determinations, and supported the position that 
the ``further the distance between entities, the less relevant the 
information is likely to be for establishing responsibility of the 
offeror.''
    Response: Noted.
    Comment: One respondent commented that the proposed rule's 
requirement to report data on all predecessors of the offeror that 
received a Federal contract or grant within the last three years would 
apply an undue burden on prospective contractors and not achieve the 
Government's stated objective of providing a more comprehensive 
understanding of a potential contractor's performance and integrity. 
The respondent proposed that publicly traded companies subject to SEC 
requirements be exempt from this requirement because it instills a 
burden without benefit to the Government.
    Response: The statute does not allow for this exemption.
    Comment: One respondent commented that large multi-national 
organizations many times reorganize business units in order to 
effectively respond to changing needs of the marketplace. These 
reorganizations can include alternate legal structures. The assets of 
one legal entity may pass through three or four more before landing at 
the new entity. The respondent proposed that where the ultimate owner 
remains the same before

[[Page 66534]]

and after a transaction, the contractor be exempted from providing 
information on predecessor entities. According to the respondent, this 
is consistent with the Government's exclusion of a ``new offices/
divisions of the same company'' from the definition of ``successor.''
    Response: This recommendation does not meet the requirements of the 
statute.
    Comment: One respondent commented that contracting officers and 
their counsel perform a rigorous review and analysis to deal with the 
novation process and feels that there should be no requirement to 
identify prior owners within the FAPIIS because the required 
responsibility determination would have been conducted through 
novation.
    Response: The statute requires collection of information on 
predecessor, regardless of any novation action by the Government.
    Comment: The respondent commented that the reporting of the 
ultimate owners became effective on November 1, 2014, and believe that 
agencies should allow contractors and contracting officers time to 
implement and evaluate the results of this new requirement before 
adding more requirements that may not aid contracting officers in 
responsibility and integrity evaluations.
    Response: The statute does not allow the Government to delay the 
implementation of this Act.
    Comments: The respondent feels that commercially available off-the-
shelf (COTS) items should be excluded from this requirement.
    Response: The Administrator of the Office of Federal Procurement 
Policy has determined that this rule applies to COTS items.

C. Annual Reporting Burden

    Respondents: 413,800.
    Responses per Respondent: 1.
    Total Annual Responses: 413,800.
    Hours per Response: .1.
    Total Burden Hours: 41,380.
    Public comments are particularly invited on: Whether this 
collection of information is necessary for the proper performance of 
functions of the FAR, 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; and ways in which we can minimize the 
burden of the collection of information on those who are to respond, 
through the use of appropriate technological collection techniques or 
other forms of information technology.
    Obtaining Copies of Proposals: Requesters may obtain a copy of the 
information collection documents from the General Services 
Administration, Regulatory Secretariat Division (MVCB), 1800 F Street 
NW., Washington, DC 20405, telephone 202-501-4755.
    Please cite OMB Control Number 9000-0189, Identification of 
Predecessors, in all correspondence.

Edward Loeb,
Acting Director, Federal Acquisition Policy Division, Office of 
Government-wide Acquisition Policy, Office of Acquisition Policy, 
Office of Government-wide Policy.
[FR Doc. 2015-27554 Filed 10-28-15; 8:45 am]
 BILLING CODE 6820-1EP-P

Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Notices 66533 is accurate, and based on valid Regulatory Affairs of OMB, Attention: development of the final rule. A assumptions and methodology; ways to Desk Officer for GSA, Room 10236, discussion of the comments is provided enhance the quality, utility, and clarity NEOB, Washington, DC 20503. as follows: of the information to be collected; and Additionally submit a copy to GSA by A. Summary of Significant Changes in ways in which we can minimize the any of the following methods: Response to Public Comments burden of the collection of information • Regulations.gov: http:// on those who are to respond, through www.regulations.gov. Submit comments There were no changes made in the the use of appropriate technological via the Federal eRulemaking portal by final rule in response to the public collection techniques or other forms of searching for OMB control number comments received. information technology. 9000–0189, Identification of B. Analysis of Public Comments Obtaining Copies of Proposals: Predecessors. Select the link ‘‘Submit a Requesters may obtain a copy of the Comment’’ that corresponds with Comment: One respondent information collection documents from ‘‘9000–0189; Identification of commented that it would be helpful if the General Services Administration, Predecessors.’’ Follow the instructions the relevant FAR provisions and FAR Regulatory Secretariat (MVCB), 1800 F provided at the ‘‘Submit a Comment’’ clause 52.204–WW clarified whether the Street NW., Washington, DC 20405, screen. Please include your name, three year ‘‘lookback’’ period starts on telephone 202–501–4755. Please cite company name (if any), and ‘‘9000– the effective date of when the OMB Control Number 9000–0007, 0189; Identification of Predecessors’’ on predecessor merged or was acquired by Summary Subcontract Report, in all your attached document. the successor or the date the contracts correspondence. • Mail: General Services of the predecessor were novated from Administration, Regulatory Secretariat the predecessor to the successor. Edward Loeb, Division (MVCB), 1800 F Street NW., Response: The ‘‘lookback’’ period Acting Director, Federal Acquisition Policy Washington, DC 20405. ATTN: Ms. starts on the date the offeror signs the Division, Office of Governmentwide Flowers/IC 9000–0189, Identification of representation. If, within the three years Acquisition Policy, Office of Acquisition prior to signing the representation, there Policy, Office of Governmentwide Policy. Predecessors. Instructions: Please submit comments was a merger or acquisition, it shall be [FR Doc. 2015–27553 Filed 10–28–15; 8:45 am] only and cite Information Collection reported. The date of novation is not BILLING CODE 6820–EP–P 9000–0189, in all correspondence relevant for purposes of this rule. related to this case. Comments received Comment: One respondent supported generally will be posted without change the statute because it requires that DEPARTMENT OF DEFENSE information be provided to the to http://www.regulations.gov, including any personal and/or business contracting officers to aid in making GENERAL SERVICES responsibility determinations, and ADMINISTRATION confidential information provided. To confirm receipt of your comment(s), supported the position that the ‘‘further please check www.regulations.gov, the distance between entities, the less NATIONAL AERONAUTICS AND relevant the information is likely to be SPACE ADMINISTRATION approximately two to three days after submission to verify posting (except for establishing responsibility of the [OMB Control No. 9000–0189; Docket No. allow 30 days for posting of comments offeror.’’ 2015–0055; Sequence 52] Response: Noted. submitted by mail). Comment: One respondent Submission for OMB Review; FOR FURTHER INFORMATION CONTACT: Ms. commented that the proposed rule’s Identification of Predecessors Cecelia L. Davis, Procurement Analyst, requirement to report data on all Federal Acquisition Policy Division, at predecessors of the offeror that received AGENCY: Department of Defense (DOD), 202–219–0202 or email cecelia.davis@ a Federal contract or grant within the General Services Administration (GSA), gsa.gov. last three years would apply an undue and National Aeronautics and Space SUPPLEMENTARY INFORMATION: burden on prospective contractors and Administration (NASA). not achieve the Government’s stated ACTION: Notice of request for public A. Purpose objective of providing a more comments regarding a new OMB This final rule implements section comprehensive understanding of a clearance. 852 of the National Defense potential contractor’s performance and Authorization Act for Fiscal Year 2013 integrity. The respondent proposed that SUMMARY: Under the provisions of the to include in the Federal Awardee publicly traded companies subject to Paperwork Reduction Act, the Performance and Integrity Information SEC requirements be exempt from this Regulatory Secretariat Division will be System (FAPIIS), to the extent requirement because it instills a burden submitting to the Office of Management practicable, identification of any without benefit to the Government. and Budget (OMB) a request to review immediate owner or subsidiary, and all Response: The statute does not allow and approve a new information predecessors of an offeror that held a for this exemption. collection requirement concerning Comment: One respondent Federal contract or grant within the last Identification of Predecessors. A notice commented that large multi-national three years. The objective is to provide was published in the Federal Register at organizations many times reorganize a more comprehensive understanding of 79 FR 71975, on December 4, 2014. Two business units in order to effectively asabaliauskas on DSK5VPTVN1PROD with NOTICES the performance and integrity of the comments were received. respond to changing needs of the corporation before awarding a Federal DATES: Submit comments on or before contract. marketplace. These reorganizations can November 30, 2015. include alternate legal structures. The ADDRESSES: Submit comments regarding B. Discussion and Analysis assets of one legal entity may pass this burden estimate or any other aspect The Civilian Agency Acquisition through three or four more before of this collection of information, Council and the Defense Acquisition landing at the new entity. The including suggestions for reducing this Regulations Council (the Councils) respondent proposed that where the burden to: Office of Information and reviewed the comments in the ultimate owner remains the same before VerDate Sep<11>2014 23:37 Oct 28, 2015 Jkt 238001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1

66534 Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Notices and after a transaction, the contractor be Obtaining Copies of Proposals: Clearance Officer, (301) 427–1477, or by exempted from providing information Requesters may obtain a copy of the email at doris.lefkowitz@AHRQ.hhs.gov. on predecessor entities. According to information collection documents from SUPPLEMENTARY INFORMATION: the respondent, this is consistent with the General Services Administration, the Government’s exclusion of a ‘‘new Regulatory Secretariat Division (MVCB), Proposed Project offices/divisions of the same company’’ 1800 F Street NW., Washington, DC Online Application Order Form for from the definition of ‘‘successor.’’ 20405, telephone 202–501–4755. Products From the Healthcare Cost and Response: This recommendation does Please cite OMB Control Number Utilization Project (HCUP) not meet the requirements of the statute. 9000–0189, Identification of The Healthcare Cost and Utilization Comment: One respondent Predecessors, in all correspondence. Project (HCUP) is a vital resource commented that contracting officers and Edward Loeb, helping the Agency achieve its mission their counsel perform a rigorous review to produce evidence to make health care Acting Director, Federal Acquisition Policy and analysis to deal with the novation Division, Office of Government-wide safer, higher quality, more accessible, process and feels that there should be Acquisition Policy, Office of Acquisition equitable, and affordable. HCUP is a no requirement to identify prior owners Policy, Office of Government-wide Policy. family of health care databases and within the FAPIIS because the required [FR Doc. 2015–27554 Filed 10–28–15; 8:45 am] related software tools and products responsibility determination would BILLING CODE 6820–1EP–P developed through a Federal-State- have been conducted through novation. Industry partnership and sponsored by Response: The statute requires AHRQ. HCUP includes the largest collection of information on collection of longitudinal hospital care DEPARTMENT OF HEALTH AND predecessor, regardless of any novation data in the United States, with all-payer, HUMAN SERVICES action by the Government. encounter-level information beginning Comment: The respondent Agency for Healthcare Research and in 1988. The HCUP databases are annual commented that the reporting of the Quality files that contain anonymous ultimate owners became effective on information from hospital discharge November 1, 2014, and believe that Agency Information Collection records for inpatient care and certain agencies should allow contractors and Activities: Proposed Collection; components of outpatient care, such as contracting officers time to implement Comment Request emergency care and ambulatory and evaluate the results of this new surgeries. The project currently releases requirement before adding more AGENCY: Agency for Healthcare Research and Quality, HHS. seven types of databases created for requirements that may not aid research use on a broad range of health contracting officers in responsibility and ACTION: Notice. issues, including cost and quality of integrity evaluations. health services, medical practice SUMMARY: This notice announces the Response: The statute does not allow patterns, access to health care programs, intention of the Agency for Healthcare the Government to delay the and outcomes of treatments at the Research and Quality (AHRQ) to request implementation of this Act. National, State, and local market levels. that the Office of Management and Comments: The respondent feels that HCUP also produces a large number of Budget (OMB) approve the proposed commercially available off-the-shelf software tools to enhance the use of information collection project: ‘‘Online (COTS) items should be excluded from administrative health care data for Application Order Form for Products this requirement. research and public health use. Software from the Healthcare Cost and Response: The Administrator of the tools use information available from a Utilization Project (HCUP).’’ In Office of Federal Procurement Policy variety of sources to create new data accordance with the Paperwork has determined that this rule applies to elements, often through sophisticated Reduction Act, 44 U.S.C. 3501–3521, COTS items. algorithms, for use with the HCUP AHRQ invites the public to comment on C. Annual Reporting Burden this proposed information collection. databases. This proposed information collection HCUP’s objectives are to: Respondents: 413,800. • Create and enhance a powerful was previously published in the Federal Responses per Respondent: 1. source of National, State, and all-payer Register on August 20, 2015 and Total Annual Responses: 413,800. health care data. allowed 60 days for public comment. No Hours per Response: .1. substantive comments were received. • Produce a broad set of software Total Burden Hours: 41,380. tools and products to facilitate the use The purpose of this notice is to allow an Public comments are particularly additional 30 days for public comment. of HCUP and other administrative data. invited on: Whether this collection of • Enrich a collaborative partnership DATES: Comments on this notice must be information is necessary for the proper with statewide data organizations (that performance of functions of the FAR, received by November 30, 2015. voluntarily participate in the project) and whether it will have practical ADDRESSES: Written comments should aimed at increasing the quality and use utility; whether our estimate of the be submitted to: AHRQ’s OMB Desk of health care data. public burden of this collection of Officer by fax at (202) 395–6974 • Conduct and translate research to information is accurate, and based on (attention: AHRQ’s desk officer) or by inform decision making and improve valid assumptions and methodology; email at OIRA_submission@ health care delivery. asabaliauskas on DSK5VPTVN1PROD with NOTICES ways to enhance the quality, utility, and omb.eop.gov (attention: AHRQ’s desk This project is being conducted by clarity of the information to be officer). Copies of the proposed AHRQ through its primary contractor collected; and ways in which we can collection plans, data collection and subcontractor, Truven Health minimize the burden of the collection of instruments, and specific details on the Analytics and Social & Scientific information on those who are to estimated burden can be obtained from Systems, Inc., pursuant to AHRQ’s respond, through the use of appropriate the AHRQ Reports Clearance Officer. statutory authority to conduct and technological collection techniques or FOR FURTHER INFORMATION CONTACT: support research on health care and on other forms of information technology. Doris Lefkowitz, AHRQ Reports systems for the delivery of such care, VerDate Sep<11>2014 23:37 Oct 28, 2015 Jkt 238001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1


Document Created: 2015-12-14 15:21:22
Document Modified: 2015-12-14 15:21:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of request for public comments regarding a new OMB clearance.
DatesSubmit comments on or before November 30, 2015.
ContactMs. Cecelia L. Davis, Procurement Analyst, Federal Acquisition Policy Division, at 202-219-0202 or email [email protected]
FR Citation80 FR 66533 
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