81 FR 44305 - Seeking Input on the Public Release of Data Collected Through Transactional Data Reporting
GENERAL SERVICES ADMINISTRATION Federal Register Volume 81, Issue 130 (July 7, 2016)
Federal Register Volume 81, Issue 130 (July 7, 2016)
| Page Range | 44305-44306 | |
| FR Document | 2016-16064 |
[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)] [Notices] [Pages 44305-44306] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16064] ======================================================================= ----------------------------------------------------------------------- GENERAL SERVICES ADMINISTRATION [Notice-FAS-2016-01; Docket No. 2016-0001; Sequence 15] Seeking Input on the Public Release of Data Collected Through Transactional Data Reporting AGENCY: Federal Acquisition Service (FAS), General Services Administration (GSA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: FAS is publishing this notice to solicit comments regarding the public release of transactional data reported in accordance with the General Services Administration Acquisition Regulation (GSAR) Transactional Data Reporting clauses. GSA FAS will consider comments received in establishing its final position on which Transactional Data Reporting (TDR) data elements are releasable under the Freedom of Information Act (FOIA) and which elements will therefore be released to the general public via a public data extract. DATES: Submit comments on or before August 29, 2016. FOR FURTHER INFORMATION CONTACT: Mr. Adam Jones, Procurement Analyst, FAS Office of Acquisition Management, at [email protected], or 571- 289-0164. ADDRESSES: Submit comments identified by ``Notice FAS-2016-01; Seeking Input on the Public Release of Data Collected Through Transactional Data Reporting'' by any of the following methods:Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ``Notice FAS- 2016-01; Seeking Input on the Public Release of Data Collected through Transactional Data Reporting'' under the heading ``Enter Keyword or ID'' and selecting ``Search''. Select the link ``submit a Comment'' that corresponds with ``Notice FAS-2016-01; Seeking Input on the Public Release of Data Collected Through Transactional Data Reporting''. Following the instructions provided at the ``Submit a Comment'' screen. Please include your name, company name (if any), and ``Notice FAS-2016- 01; Seeking Input on the Public Release of Data Collected Through Transactional Data Reporting'' on your attached document. Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Flowers/Notice FAS-2016-01; Seeking Input on the Public Release of Data Collected Through Transactional Data Reporting. Instructions: Please submit comments only and cite Notice FAS-2016- 01; Seeking Input on the Public Release of Data Collected Through Transactional Data Reporting, in all correspondence related to this collection. 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). SUPPLEMENTARY INFORMATION: A. Background: GSA published the Transactional Data Reporting final rule in the Federal Register at 81 FR 41103 on June 23, 2016. The rule amended the General Services Administration Acquisition Regulation (GSAR) to include clauses that require vendors to report transactional data from orders placed against select Federal Supply Schedule (FSS) contracts, Governmentwide Acquisition Contracts (GWACs), and Governmentwide Indefinite-Delivery, Indefinite-Quantity (IDIQ) contracts. The clause applicable to GWACs and Governmentwide IDIQs, GSAR clause 552.216-75, will be applied to new contracts in that class and may be applied to any existing contracts in this class that do not contain other transactional data clauses. For FSS contracts, the clause (GSAR clause 552.238-74 Alternate I) will be introduced in phases, beginning with a pilot for select Schedules or Special Item Numbers and will be paired with changes to existing requirements for Commercial Sales Practices disclosures and Price Reductions clause basis of award monitoring. The final rule does not apply to the Department of Veterans Affairs (VA) FSS contract holders.\1\ --------------------------------------------------------------------------- \1\ See GSAR Case 2013-G504; Docket 2014-0020; Sequence 1 (80 FR 11619 (Mar. 4, 2015)). --------------------------------------------------------------------------- Contractors subject to Transactional Data Reporting will be required to report eleven standard data elements. Any data [[Page 44306]] elements beyond the standard elements must be coordinated with the applicable category manager, and approved by the Head of Contracting Activity and GSA's Senior Procurement Executive in order for them to be included with a tailored version of the applicable clause. The determination regarding additional data elements will consider the benefits, alternatives, burden, and need for additional rulemaking. GSA intends to share transactional data to the maximum extent allowable to promote transparency and competition while respecting that some data could be exempt from disclosure. Accordingly, a public data extract, containing information that would otherwise be releasable under the Freedom of Information Act (FOIA) (5 U.S.C. 552), will be created for use by the general public. The data released to the public will provide valuable market intelligence that can be used by vendors for crafting more efficient, targeted business development strategies that incur lower administrative costs. This will be particularly beneficial for small businesses, which often do not have the resources to invest in dedicated business development staff or acquire business intelligence through third-parties. B. Standard Data Elements: Both Transactional Data Reporting GSAR clauses 552.238-74, Alternate I and 552.216-75 require contractors to report the same eleven standard data elements. These data elements, along with their exemption status under FOIA, are listed in the table below. ------------------------------------------------------------------------ Data element description Exemption status ------------------------------------------------------------------------ 1. Contract or Blanket Not exempt under FOIA. Purchase Agreement (BPA) Number. 2. Delivery/Task Order Number/ Not exempt under FOIA. Procurement Instrument Identifier (PIID). 3. Non Federal Entity........ Not exempt under FOIA. 4. Description of Deliverable Not exempt under FOIA. 5. Manufacturer Name......... Not exempt under FOIA. 6. Manufacturer Part Number.. Not exempt under FOIA. 7. Unit Measure (each, hour, Not exempt under FOIA. case, lot). 8. Quantity of Item Sold..... Exempt--5 U.S.C. 552(b)(4).\2\ 9. Universal Product Code.... Not exempt under FOIA. 10. Price Paid Per Unit...... Exempt--5 U.S.C. 552(b)(4). 11. Total Price.............. Not exempt under FOIA. ------------------------------------------------------------------------ As described in Section A, GSA intends to share transactional data elements that are not exempt under the FOIA with the general public through a public data extract. --------------------------------------------------------------------------- \2\ Since the price paid per unit is exempt, GSA FAS will not release both the Total Price (data element #11) and Quantity of Item Sold (data element #8) as this may reveal the price paid per unit; therefore, Quantity of Item Sold is considered ``exempt''. --------------------------------------------------------------------------- C. Public Comments: Public comments are invited on the FOIA exemption status of the eleven standard data elements identified in Section B. Comments must be submitted following the instructions above and must identify any data elements addressed by number and description. Dated: June 23, 2016. Chiara A. McDowell, Deputy Assistant Commissioner, Office of Acquisition Management, Federal Acquisition Service. [FR Doc. 2016-16064 Filed 7-6-16; 8:45 am] BILLING CODE 6820-34-P
![Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices 44305
Terminals, Inc., Kinder Morgan The initial decision of the presiding include your name, company name (if
Services, LLC, Kinder Morgan Southeast officer in this proceeding shall be issued any), and ‘‘Notice FAS–2016–01;
Terminals, LLC, Kinder Morgan Virginia by June 29, 2017, and the final decision Seeking Input on the Public Release of
Liquids Terminals LLC, Kinder Morgan of the Commission shall be issued by Data Collected Through Transactional
Materials Services, LLC, Kinder Morgan January 12, 2018. Data Reporting’’ on your attached
G.P., Inc., Kinder Morgan Operating L.P. document.
Karen V. Gregory, • Mail: General Services
‘‘A’’, Kinder Morgan Operating L.P. ‘‘C’’,
Kinder Morgan Operating L.P. ‘‘D’’, Secretary. Administration, Regulatory Secretariat
Kinder Morgan Transmix Company [FR Doc. 2016–16012 Filed 7–6–16; 8:45 am] Division (MVCB), 1800 F Street NW.,
LLC, Kinder Morgan Energy Partners, BILLING CODE 6731–AA–P Washington, DC 20405. ATTN: Ms.
Nassau Terminals, LLC, Kinder Morgan Flowers/Notice FAS–2016–01; Seeking
Terminals, and Kinder Morgan, Inc., Input on the Public Release of Data
hereinafter ‘‘Respondents.’’ GENERAL SERVICES Collected Through Transactional Data
Complainant states that it is a business ADMINISTRATION Reporting.
engaged in providing ship’s agency Instructions: Please submit comments
[Notice–FAS–2016–01; Docket No. 2016– only and cite Notice FAS–2016–01;
services to vessel owners, operators and 0001; Sequence 15]
charterers. Complainant alleges that Seeking Input on the Public Release of
Respondents are operators of marine Seeking Input on the Public Release of Data Collected Through Transactional
terminals. Data Collected Through Transactional Data Reporting, in all correspondence
Complainant alleges that by banning Data Reporting related to this collection. Comments
Complainant from entering on or received generally will be posted
coordinating port calls at all marine AGENCY: Federal Acquisition Service without change to http://
terminals owned or operated by (FAS), General Services Administration www.regulations.gov, including any
Respondents, as well as informing (GSA). personal and/or business confidential
Complainant’s customers that as of July ACTION: Notice. information provided. To confirm
1, 2016 Complainant has been banned receipt of your comment(s), please
from coordinating port calls at all SUMMARY: FAS is publishing this notice check www.regulations.gov,
marine terminals owned or operated by to solicit comments regarding the public approximately two to three days after
Respondents, Respondents have release of transactional data reported in submission to verify posting (except
violated the Shipping Act, 46 U.S.C. accordance with the General Services allow 30 days for posting of comments
41106, which states that marine Administration Acquisition Regulation submitted by mail).
terminal operators ‘‘may not give any (GSAR) Transactional Data Reporting SUPPLEMENTARY INFORMATION:
undue or unreasonable preference or clauses. GSA FAS will consider A. Background: GSA published the
advantage or impose any undue or comments received in establishing its Transactional Data Reporting final rule
unreasonable prejudice or disadvantage final position on which Transactional in the Federal Register at 81 FR 41103
with respect to any person; or Data Reporting (TDR) data elements are on June 23, 2016. The rule amended the
unreasonably refuse to deal or releasable under the Freedom of General Services Administration
negotiate.’’ Information Act (FOIA) and which Acquisition Regulation (GSAR) to
Complainant requests that the elements will therefore be released to include clauses that require vendors to
Commission enter an order declaring the general public via a public data report transactional data from orders
the ‘‘Blacklist Notice’’ and/or extract. placed against select Federal Supply
Respondents’ actions described in their DATES: Submit comments on or before Schedule (FSS) contracts,
complaint violate 46 U.S.C. 41106 and August 29, 2016. Governmentwide Acquisition Contracts
are unlawful and unenforceable, and (GWACs), and Governmentwide
FOR FURTHER INFORMATION CONTACT: Mr.
further declaring that Complainant may Indefinite-Delivery, Indefinite-Quantity
continue to provide vessel agency Adam Jones, Procurement Analyst, FAS
(IDIQ) contracts. The clause applicable
services at Respondents’ terminals as it Office of Acquisition Management, at
to GWACs and Governmentwide IDIQs,
currently does, and that Respondent be adam.jones@gsa.gov, or 571–289–0164.
GSAR clause 552.216–75, will be
required to answer the charges made in ADDRESSES: Submit comments applied to new contracts in that class
the Complaint. Complainant also identified by ‘‘Notice FAS–2016–01; and may be applied to any existing
requests that after taking evidence and Seeking Input on the Public Release of contracts in this class that do not
conducting a hearing, the Commission Data Collected Through Transactional contain other transactional data clauses.
order Respondents to cease and desist Data Reporting’’ by any of the following For FSS contracts, the clause (GSAR
from violation of the Shipping Act; to methods: clause 552.238–74 Alternate I) will be
put in place lawful and reasonable • Regulations.gov: http:// introduced in phases, beginning with a
practices to insure no continuing similar www.regulations.gov. Submit comments pilot for select Schedules or Special
violations of the Shipping Act; to pay via the Federal eRulemaking portal by Item Numbers and will be paired with
Complainant’s reasonable attorney fees inputting ‘‘Notice FAS–2016–01; changes to existing requirements for
pursuant to 46 U.S.C. 41305(e); to pay Seeking Input on the Public Release of Commercial Sales Practices disclosures
monetary penalties for violating the Data Collected through Transactional and Price Reductions clause basis of
Shipping Act pursuant to 46 U.S.C. Data Reporting’’ under the heading award monitoring. The final rule does
‘‘Enter Keyword or ID’’ and selecting
srobinson on DSK5SPTVN1PROD with NOTICES
41107; and that the Commission make not apply to the Department of Veterans
any further orders as it determines to be ‘‘Search’’. Select the link ‘‘submit a Affairs (VA) FSS contract holders.1
just and proper. Comment’’ that corresponds with Contractors subject to Transactional
The full text of the complaint can be ‘‘Notice FAS–2016–01; Seeking Input on Data Reporting will be required to report
found in the Commission’s Electronic the Public Release of Data Collected eleven standard data elements. Any data
Reading Room at www.fmc.gov/16-14. Through Transactional Data Reporting’’.
This proceeding has been assigned to Following the instructions provided at 1 See GSAR Case 2013–G504; Docket 2014–0020;
the Office of Administrative Law Judges. the ‘‘Submit a Comment’’ screen. Please Sequence 1 (80 FR 11619 (Mar. 4, 2015)).
VerDate Sep<11>2014 17:23 Jul 06, 2016 Jkt 238001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.SGM 07JYN1](https://thefederalregister.org/doc/81_FR_44435/page/1.svg)
![44306 Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices
elements beyond the standard elements competition while respecting that some particularly beneficial for small
must be coordinated with the applicable data could be exempt from disclosure. businesses, which often do not have the
category manager, and approved by the Accordingly, a public data extract, resources to invest in dedicated
Head of Contracting Activity and GSA’s containing information that would business development staff or acquire
Senior Procurement Executive in order otherwise be releasable under the business intelligence through third-
for them to be included with a tailored Freedom of Information Act (FOIA) (5 parties.
version of the applicable clause. The U.S.C. 552), will be created for use by B. Standard Data Elements: Both
determination regarding additional data the general public. Transactional Data Reporting GSAR
elements will consider the benefits, The data released to the public will clauses 552.238–74, Alternate I and
alternatives, burden, and need for provide valuable market intelligence 552.216–75 require contractors to report
additional rulemaking. that can be used by vendors for crafting the same eleven standard data elements.
GSA intends to share transactional more efficient, targeted business These data elements, along with their
data to the maximum extent allowable development strategies that incur lower exemption status under FOIA, are listed
to promote transparency and administrative costs. This will be in the table below.
Data element description Exemption status
1. Contract or Blanket Purchase Agreement (BPA) Number ................................................................................ Not exempt under FOIA.
2. Delivery/Task Order Number/Procurement Instrument Identifier (PIID) ........................................................... Not exempt under FOIA.
3. Non Federal Entity ............................................................................................................................................. Not exempt under FOIA.
4. Description of Deliverable ................................................................................................................................. Not exempt under FOIA.
5. Manufacturer Name ........................................................................................................................................... Not exempt under FOIA.
6. Manufacturer Part Number ................................................................................................................................ Not exempt under FOIA.
7. Unit Measure (each, hour, case, lot) ................................................................................................................. Not exempt under FOIA.
8. Quantity of Item Sold ......................................................................................................................................... Exempt—5 U.S.C. 552(b)(4).2
9. Universal Product Code .................................................................................................................................... Not exempt under FOIA.
10. Price Paid Per Unit .......................................................................................................................................... Exempt—5 U.S.C. 552(b)(4).
11. Total Price ....................................................................................................................................................... Not exempt under FOIA.
As described in Section A, GSA DEPARTMENT OF DEFENSE Desk Officer for GSA, Room 10236,
intends to share transactional data NEOB, Washington, DC 20503.
elements that are not exempt under the GENERAL SERVICES Additionally submit a copy to GSA by
FOIA with the general public through a ADMINISTRATION any of the following methods:
public data extract. • Regulations.gov: http://
NATIONAL AERONAUTICS AND
C. Public Comments: Public www.regulations.gov. Submit comments
SPACE ADMINISTRATION
comments are invited on the FOIA via the Federal eRulemaking portal by
exemption status of the eleven standard [OMB Control No. 9000–0108; Docket 2016– searching the OMB control number.
0053; Sequence 20] Select the link ‘‘Submit a Comment’’
data elements identified in Section B.
Comments must be submitted following that corresponds with ‘‘Information
Submission for OMB Review;
the instructions above and must identify Collection 9000–0108, Bankruptcy.’’
Bankruptcy
any data elements addressed by number Follow the instructions provided at the
and description. AGENCY: Department of Defense (DOD), ‘‘Submit a Comment’’ screen. Please
General Services Administration (GSA), include your name, company name (if
Dated: June 23, 2016. and National Aeronautics and Space any), and ‘‘Information Collection 9000–
Chiara A. McDowell, Administration (NASA). 0108, Bankruptcy’’ on your attached
Deputy Assistant Commissioner, Office of ACTION: Notice of request for comments document.
Acquisition Management, Federal Acquisition regarding the extension to an existing • Mail: General Services
Service. OMB clearance. Administration, Regulatory Secretariat
[FR Doc. 2016–16064 Filed 7–6–16; 8:45 am] Division (MVCB), 1800 F Street NW.,
SUMMARY: Under the provisions of the
BILLING CODE 6820–34–P
Paperwork Reduction Act, Regulatory Washington, DC 20405. ATTN: Ms.
Secretariat Division will be submitting Flowers/IC Information Collection
to the Office of Management and Budget 9000–0108, Bankruptcy.
(OMB) a request to review and approve Instructions: Please submit comments
an extension of a previously approved only and cite Information Collection
information collection requirement 9000–0108, Bankruptcy, in all
concerning Bankruptcy. A notice was correspondence related to this
published in the Federal Register at 81 collection. Comments received generally
FR 24104 on April 25, 2016. No will be posted without change to http://
comments were received. www.regulations.gov, including any
DATES: Submit comments on or before personal and/or business confidential
srobinson on DSK5SPTVN1PROD with NOTICES
August 8, 2016. information provided. To confirm
2 Since the price paid per unit is exempt, GSA
ADDRESSES: Submit comments regarding receipt of your comment(s), please
this burden estimate or any other aspect check www.regulations.gov,
FAS will not release both the Total Price (data
element #11) and Quantity of Item Sold (data of this collection of information, approximately two to three days after
element #8) as this may reveal the price paid per including suggestions for reducing this submission to verify posting (except
unit; therefore, Quantity of Item Sold is considered burden to: Office of Information and allow 30 days for posting of comments
‘‘exempt’’. Regulatory Affairs of OMB, Attention: submitted by mail).
VerDate Sep<11>2014 17:23 Jul 06, 2016 Jkt 238001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.SGM 07JYN1](https://thefederalregister.org/doc/81_FR_44435/page/2.svg)
Document Created: 2018-02-08 07:54:44
Document Modified: 2018-02-08 07:54:44
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Submit comments on or before August 29, 2016. | |
| Contact | Mr. Adam Jones, Procurement Analyst, FAS Office of Acquisition Management, at [email protected], or 571- 289-0164. | |
| FR Citation | 81 FR 44305 |
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