81 FR 8719 - Information Collection; Debarment and Suspension and Other Responsibility Matters

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 34 (February 22, 2016)

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.

[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Notices]
[Pages 8719-8720]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03579]



[[Page 8719]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0094; Docket 2016-0053; Sequence 11]


Information Collection; 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 an extension to an existing 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 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.

DATES: Submit comments on or before April 22, 2016.

ADDRESSES: Submit comments identified by Information Collection 9000-
0094, Debarment and Suspension and Other Responsibility Matters, by any 
of the following methods: Regulations.gov: http://www.regulations.gov.
     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 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 each 
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. Annual Reporting and Recordkeeping Burden

1. Annual Reporting Burden

    Respondents: 892,330.
    Responses per Respondent: 1.35.
    Total Annual Responses: 1,200,502.
    Hours per Response: 0.34.
    Total Burden Hours: 410,736.

2. Annual Recordkeeping Burden

    Recordkeepers: 5,080.

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    Hours per Recordkeeper: 100.
    Total Annual Recordkeeping hours: 508,000.

C. Public Comment

    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: February 17, 2016.
Lorin S. Curit,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2016-03579 Filed 2-19-16; 8:45 am]
 BILLING CODE 6820-EP-P