81 FR 71733 - Submission for OMB Review; Debarment and Suspension and Other Responsibility Matters
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 81, Issue 201 (October 18, 2016)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 81, Issue 201 (October 18, 2016)
| Page Range | 71733-71735 | |
| FR Document | 2016-25123 |
[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)] [Notices] [Pages 71733-71735] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25123] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000-0094]; [Docket 2016-0053; Sequence 11] Submission for OMB Review; Debarment and Suspension and Other Responsibility Matters AGENCY: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). 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 will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning debarment and suspension. This request also incorporated two other related information collection requirements (``Information Regarding Responsibility Matters'' and ``Prohibition on Contracting with Inverted Domestic Corporations--Representation and Notification''), which will be cancelled upon approval of this clearance. A notice was published in the Federal Register at 81 FR 8719 on February 22, 2016. One comment was received. DATES: Submit comments on or before November 17, 2016. 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 Office 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 the OMB control number. Select the link ``Submit a Comment'' that corresponds [[Page 71734]] with ``Information Collection 9000-0094, Debarment and Suspension and Other Responsibility Matters''. Follow the instructions provided at the ``Submit a Comment'' screen. Please include your name, company name (if any), and ``Information Collection 9000-0094, Debarment and Suspension and Other Responsibility Matters'' on your attached document. Mail: General Services Administration, Regulatory Secretariat (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Flowers/IC 9000-0094, Debarment and Suspension. Instructions: Please submit comments only and cite Information Collection 9000-0094, Debarment and Suspension and Other Responsibility Matters, 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). FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement Analyst, Office of Acquisition Policy, at 202-219-0202 or via email at [email protected]. SUPPLEMENTARY INFORMATION: A. Purpose 1. Suspension and Debarment The FAR requires contracts to be awarded to only those contractors determined to be responsible. Instances where a firm, its principals, or subcontractors, have been indicted, convicted, suspended, proposed for debarment, debarred, or had a contract terminated for default are critical factors to be considered by a Government contracting officer in making a responsibility determination. FAR 52.209-5 and 52.212-3(h), Certification Regarding Responsibility Matters, and FAR 52.209-6, Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, require the disclosure of this and other information relating to responsibility. 2. Information Regarding Responsibility Matters (Transfer From OMB Clearance Number 9000-0174) The Federal Awardee Performance and Integrity Information System (FAPIIS) was developed to meet the statutory requirement to develop and maintain an information system that contains specific information on the integrity and performance of covered Federal agency contractors and grantees. FAPIIS provides users access to integrity and performance information from the FAPIIS reporting module in the Contractor Performance Assessment Reporting System (CPARS), as well as proceedings information and suspension/debarment information from the Central Contractor Registration (CCR) and the Excluded Parties List System (EPLS) functions in the System for Award Management (SAM). The prescription at FAR 9.104-7(b) requires contracting officers to insert the provision at 52.209-7, Information Regarding Responsibility Matters, in solicitations where the resultant contract value is expected to exceed $550,000. This provision contains a check box to be completed by the offeror indicating whether or not it has current active Federal contracts and grants with total value greater than $10,000,000. If the offeror indicated that it has current active Federal contracts and grants with total value greater than $10,000,000, then the offeror must enter certain responsibility information into FAPIIS. FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters, requires each contractor that checked in the provision at 52.209-7 that it has current active Federal contracts and grants with total value greater than $10,000,000, to update responsibility information in FAPIIS on a semiannual basis, throughout the life of the contract. 3. Prohibition on Contracting With Inverted Domestic Corporations-- Representation and Notification (Transfer From OMB Clearance Number 9000-0190) FAR 52.209-2 and 52.212-3(n), Prohibition on Contracting with Inverted Domestic Corporations--Representation, is prescribed at 9.108- 5(a) for use in each solicitation for the acquisition of products and services (including construction). The provision requires each offeror to represent whether it is, or is not, an inverted domestic corporation or a subsidiary of an inverted domestic corporation. FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations, is prescribed for use at FAR 9.108-5(b) for use in ach solicitation and contract for the acquisition of products and services (including construction). This clause requires the contractor to promptly notify the contracting officer in the event the contractor becomes an inverted domestic corporation or a subsidiary of an inverted domestic corporation. B. Discussion and Analysis The analysis of the public comment is summarized as follows: One response was received. The commenter supports the efforts to contract with only responsible parties and to assure contracting officers engage in appropriate due diligence to support this effort. Comment: According to the respondent, the Federal Government has drastically underestimated the burden associated with compiling and reporting the requisite information by failing to take into account the offeror's obligation to assure that the information provided is current, accurate, and complete. It also fails to account for the requirement to update the information no less than semi-annually. Response: FAR 52.209-7 requires the contractor to enter information into FAPIIS and FAR 52.209-9 requires the contractor to update this information semi-annually. The initial burden estimate for FAR 52.209-9 does take into account entering the information semi-annually. However, based on the comment, an adjustment was made from .5 hours to 1 hour per response, for FAR 52.209-9. The change doubles the initial burden estimate for that clause to allow more time for this action. Comment: The commenter stated that the Government may have understated the recordkeeping burden by several orders of magnitude. The number of recordkeepers does not equal the number of respondents and is unclear as to why. One cannot reasonably expect an offeror to provide the required information and certify it as current, accurate, and complete without maintaining the requisite litigation, employment, and corporate records. Response: In this situation, the estimate for recordkeeping is based on the number of offerors submitting data into FAPIIS, whether or not they receive an award. This provision requires that for each solicitation where the resultant contract value is expected to exceed $550,000, the offeror responds in paragraph (b) as to whether or not it has active Federal contracts that total more than $10,000,000. Only if the offeror responds affirmatively is there any further information collection requirement. The recordkeppers maintain the company's information internally. This explains the difference between the number of respondents and the number of recordkeepers. Comment: According to the commenter, the requirement to provide [[Page 71735]] ``Information Regarding Responsibility Matters'' under 52.209-7 violates Executive Order 13610, Identifying and Reducing Regulatory Burdens, in that it is a redundant collection of information and fails to maximize the re-use of data that are already collected. The commenter states that FAR clauses 52.209-5 and 52.209-7 request for information overlaps and yet is different enough to create substantial additional burden and confusion for offerors evaluating instance of litigation under both standards. Response: FAR 52.209-7 is a statutory clause that requires the Government to collect information that is loaded into FAPIIS. The clause must be implemented as intended. Some of the information being collected may seem redundant but it has different criteria. It is not identical information and used differently. Furthermore, the thresholds are different. FAR 52.209-5 implements policy guidance on debarment, suspension and ineligibility. FAR 52.209-5 is a certification that is placed in all solicitations when the contract value is expected to exceed the simplified acquisition threshold and covers 3 years. FAR 52.209-7 goes in solicitations expected to exceed $550,000 and covers 5 years and requires that the information be placed into FAPIIS (as required by statute). Comment: The existence of FAR 52.209-5 and 52.209-11 obviate the need for FAR 52.209-7 because all three clauses use offeror's litigation history as an indicator of it present responsibility. Response: These data requirements are different. One major difference between these clauses is that FAR 52.209-7 collects data to be added into FAPIIS. The others do not. Therefore, FAR 52.209-7 has a different requirement intent and needed. Comment: FAR 52.209-7 requires offerors to report information on matters so old they are no longer relevant to present responsibility. Response: The statute that this clause is based requires that it collects 5 years of data. C. Annual Reporting and Recordkeeping Burden Annual Reporting Burden Respondents: 486,000. Responses per Respondent: 2.55. Total Annual Responses: 1,239,602. Hours per Response: 0.34. Total Burden Hours: 415,687. Annual Recordkeeping Burden Recordkeepers: 5,080. Hours per Recordkeeper: 100. Total Annual Recordkeeping Hours: 508,000. Public Comments Public comments are particularly invited on: Whether this collection of information is necessary; 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 No. 9000-0094, Debarment and Suspension and Other Responsibility Matters, in all correspondence. Dated: October 13, 2016. Lorin S. Curit, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2016-25123 Filed 10-17-16; 8:45 am] BILLING CODE 6820-EP-P
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giving rise to its involvement, and an • FR 4023 is authorized by section Board of Governors of the Federal Reserve
estimate of when the FHC anticipates 4(k)(7) of the BHC Act (12 U.S.C. System, October 13, 2016.
ceasing routinely managing or operating 1843(k)(7)), and sections 225.171(e)(4) Robert deV. Frierson,
the portfolio company. and 225.175 of the Board’s Regulation Y Secretary of the Board.
FR 4023 (12 CFR 225.171(e)(4), 225.175). [FR Doc. 2016–25129 Filed 10–17–16; 8:45 am]
The obligation to respond to the FR BILLING CODE 6210–01–P
The general policies and procedures
that an FHC must establish with respect 4011 is voluntary (for requests to
to merchant banking must be reasonably determine that an activity is financial in
nature or to issue an advisory opinion DEPARTMENT OF DEFENSE
designed to: 8
• Monitor, with respect to each that an activity is within the scope of an
GENERAL SERVICES
investment and the entire portfolio, activity previously determined to be ADMINISTRATION
carrying and market values and financial in nature) and required to
performance; obtain or retain benefits (for approvals NATIONAL AERONAUTICS AND
• identify and manage market, credit, to engage in an activity that is SPACE ADMINISTRATION
and other risks of such investments; complementary to a financial activity).
• identify and monitor terms and The obligation to respond to the FR [OMB Control No. 9000–0094]; [Docket
risks of transactions of companies in 2016–0053; Sequence 11]
4010, FR 4017, and FR 4019 is required
which the FHC has merchant banking to obtain or retain benefits. The
investments; Submission for OMB Review;
obligation to respond to FR 4012 and Debarment and Suspension and Other
• ensure the corporate separateness of the obligation to comply with the
the FHC and the companies in which it Responsibility Matters
recordkeeping requirements of the FR
has merchant banking investments; AGENCY: Department of Defense (DOD),
4023 is mandatory.
• ensure compliance with sections General Services Administration (GSA),
23A and 23B of the FRA, anti-tying The information collected on the FR and National Aeronautics and Space
statutes, Regulation Y, and any other 4010, FR 4011, FR 4017, and FR 4019 Administration (NASA).
applicable provisions of law. and information related to a failure to
ACTION: Notice of request for comments
meet capital requirements on the FR
Legal Authorization and Confidentiality regarding an extension to an existing
4012 is not generally considered
• FR 4010 is authorized by section OMB clearance.
confidential. Nevertheless, a respondent
4(l)(1)(C) of the BHC Act (12 U.S.C. 1843 may request confidential treatment of SUMMARY: Under the provisions of the
(l)(1)(C)); section 10(c)(2)(H) of the information contained in these Paperwork Reduction Act the
Home Owners’ Loan Act (12 U.S.C. information collections in accordance Regulatory Secretariat Division will be
1467a(c)(2)(H)); section 8(a) of the with section (b)(4) or (b)(6) of the submitting to the Office of Management
International Banking Act (12 U.S.C. Freedom of Information Act (FOIA) (5 and Budget (OMB) a request to review
3106(a)); sections 225.82 and 225.91 of U.S.C. 552(b)(4), (b)(6)). Any request for and approve an extension of a
the Board’s Regulation Y (12 CFR previously approved information
confidential treatment of information
225.82, 225.91; and section 238.65 of collection requirement concerning
must be accompanied by a detailed
the Board’s Regulation LL (12 CFR debarment and suspension. This request
238.65)). justification for confidentiality.
Information related to a failure to meet also incorporated two other related
• FR 4011 is authorized by section information collection requirements
4(j) and (k) of the BHC Act (12 U.S.C. management requirements on the FR
4012 is considered confidential and (‘‘Information Regarding Responsibility
1843(j)–(k)), and sections 225.88 and Matters’’ and ‘‘Prohibition on
225.89 of the Board’s Regulation Y (12 exempt from disclosure under section
(b)(4), because the release of this Contracting with Inverted Domestic
CFR 225.88, 225.89). Corporations—Representation and
• FR 4012 is authorized by section information would cause substantial
Notification’’), which will be cancelled
4(l)(1) and 4(m) of the BHC Act (12 harm to the competitive position of the
upon approval of this clearance. A
U.S.C. 1843(l)(1), (m)); section entity, and section (b)(8), if the
notice was published in the Federal
10(c)(2)(H) of the Home Owners’ Loan information is related to examination, Register at 81 FR 8719 on February 22,
Act (12 U.S.C. 1467a(c)(2)(H)); section operating, or condition reports prepared 2016. One comment was received.
8(a) of the International Banking Act (12 by, on behalf of, or for the use of an
U.S.C. 3106(a)); sections 225.83 and DATES: Submit comments on or before
agency responsible for the regulation or
225.93 of the Board’s Regulation Y (12 November 17, 2016.
supervision of financial institutions (5
CFR 225.83, 225.93); and section U.S.C. 552(b)(4), (b)(8)). ADDRESSES: Submit comments regarding
238.66(b) of the Board’s Regulation LL this burden estimate or any other aspect
Additionally, the records kept in of this collection of information,
(12 CFR 238.66(b)).
• FR 4017 is authorized by section 9 accordance with the Recordkeeping including suggestions for reducing this
of the FRA (12 U.S.C. 335), and section Requirements Associated with Merchant burden to: Office of Information and
208.76 of the Board’s Regulation H (12 Banking Activities are retained by the Regulatory Affairs of OMB, Attention:
CFR 208.76). respondent itself and the FOIA would Desk Office for GSA, Room 10236,
• FR 4019 is authorized by section only be implicated if the Board’s NEOB, Washington, DC 20503.
4(k)(7) of the BHC Act (12 U.S.C. examiners retained a copy of the records Additionally, submit a copy to GSA by
as part of an examination or supervision
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1843(k)(7)); sections 225.171(e)(3), any of the following methods:
225.172(b)(4); and section 225.173(c)(2) of a banking institution. In this case, the • Regulations.gov: http://
of the Board’s Regulation Y (12 CFR records would likely be exempt from www.regulations.gov.
225.171(e)(3), 225.172(b)(4), disclosure under exemption (b)(8), for Submit comments via the Federal
225.173(c)(2)). examination material. 5 U.S.C. eRulemaking portal by searching the
552(b)(8). In addition, the records may OMB control number. Select the link
8 12 CFR 225.175(a)(1). also be exempt under (b)(4) and (b)(6). ‘‘Submit a Comment’’ that corresponds
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‘‘Information Regarding Responsibility Total Annual Recordkeeping Hours: administration of specific vaccines.
Matters’’ under 52.209–7 violates 508,000. HHS/CDC seeks written comment on the
Executive Order 13610, Identifying and proposed updated vaccine information
Public Comments
Reducing Regulatory Burdens, in that it statements for MMR (measles, mumps,
is a redundant collection of information Public comments are particularly and rubella) and MMRV (measles,
and fails to maximize the re-use of data invited on: Whether this collection of mumps, rubella, and varicella) vaccines.
that are already collected. The information is necessary; whether it will DATES: Written comments must be
commenter states that FAR clauses have practical utility; whether our received on or before December 19,
52.209–5 and 52.209–7 request for estimate of the public burden of this 2016.
information overlaps and yet is different collection of information is accurate,
ADDRESSES: You may submit comments,
enough to create substantial additional and based on valid assumptions and
identified by Docket No. CDC–2016–
burden and confusion for offerors methodology; ways to enhance the
0094, by any of the following methods:
evaluating instance of litigation under quality, utility, and clarity of the • Federal eRulemaking Portal: http://
both standards. information to be collected; and ways in www.regulations.gov. Follow the
Response: FAR 52.209–7 is a statutory which we can minimize the burden of instructions for submitting comments.
clause that requires the Government to the collection of information on those • Mail: Written comments should be
collect information that is loaded into who are to respond, through the use of addressed to Suzanne Johnson-DeLeon
FAPIIS. The clause must be appropriate technological collection (VIScomments@cdc.gov), National
implemented as intended. Some of the techniques or other forms of information Center for Immunization and
information being collected may seem technology. Respiratory Diseases, Centers for
redundant but it has different criteria. It Obtaining Copies of Proposals: Disease Control and Prevention,
is not identical information and used Requesters may obtain a copy of the Mailstop A–19, 1600 Clifton Road NE.,
differently. Furthermore, the thresholds information collection documents from Atlanta, Georgia 30329.
are different. the General Services Administration, Instructions: All submissions received
FAR 52.209–5 implements policy Regulatory Secretariat Division (MVCB), must include the agency name and
guidance on debarment, suspension and 1800 F Street NW., Washington, DC docket number. All relevant comments
ineligibility. FAR 52.209–5 is a 20405, telephone 202–501–4755. Please received will be posted without change
certification that is placed in all cite OMB Control No. 9000–0094, to http://regulations.gov, including any
solicitations when the contract value is Debarment and Suspension and Other personal information provided. For
expected to exceed the simplified Responsibility Matters, in all access to the docket to read background
acquisition threshold and covers 3 correspondence. documents or comments received, go to
years. FAR 52.209–7 goes in Dated: October 13, 2016. http://www.regulations.gov.
solicitations expected to exceed Lorin S. Curit, FOR FURTHER INFORMATION CONTACT: Skip
$550,000 and covers 5 years and Director, Federal Acquisition Policy Division, Wolfe, National Center for
requires that the information be placed Office of Governmentwide Acquisition Policy, Immunization and Respiratory Diseases,
into FAPIIS (as required by statute). Office of Acquisition Policy, Office of Centers for Disease Control and
Comment: The existence of FAR Governmentwide Policy. Prevention, Mailstop A–19, 1600 Clifton
52.209–5 and 52.209–11 obviate the [FR Doc. 2016–25123 Filed 10–17–16; 8:45 am] Road NE., Atlanta, Georgia 30329,
need for FAR 52.209–7 because all three BILLING CODE 6820–EP–P email: VIScomments@cdc.gov.
clauses use offeror’s litigation history as SUPPLEMENTARY INFORMATION: The
an indicator of it present responsibility. National Childhood Vaccine Injury Act
Response: These data requirements of 1986 (Pub. L. 99–660), as amended by
are different. One major difference DEPARTMENT OF HEALTH AND
HUMAN SERVICES section 708 of Public Law 103–183,
between these clauses is that FAR added section 2126 to the Public Health
52.209–7 collects data to be added into Centers for Disease Control and Service Act. Section 2126, codified at 42
FAPIIS. The others do not. Therefore, Prevention U.S.C. 300aa–26, requires the Secretary
FAR 52.209–7 has a different of Health and Human Services to
requirement intent and needed. [Docket No. CDC–2016–0094]
develop and disseminate vaccine
Comment: FAR 52.209–7 requires information materials for distribution by
offerors to report information on matters Proposed Revised Vaccine Information
Materials for MMR (Measles, Mumps, all health care providers in the United
so old they are no longer relevant to States to any patient (or to the parent or
present responsibility. and Rubella and MMRV (Measles,
Mumps, Rubella, and Varicella) legal representative in the case of a
Response: The statute that this clause child) receiving vaccines covered under
is based requires that it collects 5 years Vaccines
the National Vaccine Injury
of data. AGENCY: Centers for Disease Control and Compensation Program (VICP).
C. Annual Reporting and Prevention (CDC), Department of Health Development and revision of the
Recordkeeping Burden and Human Services (HHS). vaccine information materials, also
ACTION: Notice with comment period. known as Vaccine Information
Annual Reporting Burden Statements (VIS), have been delegated
Respondents: 486,000. SUMMARY: Under the National by the Secretary to the Centers for
Responses per Respondent: 2.55. Childhood Vaccine Injury Act (NCVIA) Disease Control and Prevention (CDC).
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Total Annual Responses: 1,239,602. (42 U.S.C. 300aa–26), the Centers for Section 2126 requires that the materials
Hours per Response: 0.34. Disease Control and Prevention (CDC) be developed, or revised, after notice to
Total Burden Hours: 415,687. within the Department of Health and the public, with a 60-day comment
Human Services (HHS) develops period, and in consultation with the
Annual Recordkeeping Burden vaccine information materials that all Advisory Commission on Childhood
Recordkeepers: 5,080. health care providers are required to Vaccines, appropriate health care
Hours per Recordkeeper: 100. give to patients/parents prior to provider and parent organizations, and
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Document Created: 2016-10-17 23:52:25
Document Modified: 2016-10-17 23:52:25
| 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 of request for comments regarding an extension to an existing OMB clearance. | |
| Dates | Submit comments on or before November 17, 2016. | |
| Contact | Ms. Cecelia L. Davis, Procurement Analyst, Office of Acquisition Policy, at 202-219-0202 or via email at [email protected] | |
| FR Citation | 81 FR 71733 |
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