81 FR 95141 - Submission for OMB Review; Payment of Subcontractors
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 81, Issue 248 (December 27, 2016)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 81, Issue 248 (December 27, 2016)
| Page Range | 95141-95142 | |
| FR Document | 2016-31130 |
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)] [Notices] [Pages 95141-95142] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31130] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000-0196; Docket No. 2016-0053; Sequence 33] Submission for OMB Review; Payment of Subcontractors AGENCY: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for public comments regarding an extension to an existing OMB clearance. ----------------------------------------------------------------------- SUMMARY: Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning Payment of Subcontractors. DATES: Submit comments on or before January 26, 2017. 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 9000-0196, Payment of Subcontractors. Select the link ``Submit a Comment'' that corresponds with ``9000-0196; Payment of Subcontractors.'' Follow the instructions provided at the ``Submit a Comment'' screen. Please include your name, company name (if any), and ``9000-0196; Payment of Subcontractors'' on your attached document. Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., [[Page 95142]] Washington, DC 20405. ATTN: Ms. Flowers/IC 9000-0196. Instructions: Please submit comments only and cite IC 9000-0196, in all correspondence related to this case. All comments received 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: Mr. Curtis E. Glover, Sr., Procurement Analyst, at 202-501-1448, or email [email protected]. SUPPLEMENTARY INFORMATION: A. Purpose Section 1334 of the Small Business Jobs and Credit Act of 2010 (Pub. L. 111-240) and the Small Business Administration's Final Rule at 78 FR 42391, Small Business Subcontracting, published on July 16, 2013, and effective August 15, 2013, requires the prime contractor to self- report to the contracting officer when the prime contractor makes late or reduced payments to small business subcontractors. In addition, the contracting officer is required to record the identity of contractors with a history of late or reduced payments to small business subcontractors in the Federal Awardee Performance and Integrity Information System (FAPIIS). FAR Part 42 is revised to include in the past performance evaluation reduced or untimely payments reported to the contracting officer by the prime contractor in accordance with the clause at 52.242-XX, Payments to Small Business Subcontractors, that are determined by the contracting officer to be unjustified. A notice was published in the Federal Register at 81 FR 3087, on January 20, 2016, as part of a proposed rule under FAR Case 2014-004. Two comments were received on the information collection. B. Discussion and Analysis Comment: Two respondents stated that the Councils had underestimated the public burden in regards to the proposed rule. One respondent commented that the FAR Council has greatly underestimated the implementation burden on commercial item and COTS item contractors, especially considering the broad definition of ``subcontractor'' that applies to the proposed rule. The other respondent believed that the estimate of reporting time of only two hours per respondent is grossly underestimated. This negligible amount of time assumes that all contractors can easily identify from their payment systems which subcontractors are small businesses. The respondent believed that this is often not the case, and that the small business size status of a subcontractor may be unknown to the contractor's other accounting systems. The other respondent commented that since the Small Business Jobs Act of 2010 does not specifically require that the subcontractor payment clause apply to commercial contracts, the respondent recommended that the FAR Council seek additional information about the burden on contractors before a determination is made to apply the payment of subcontractor requirements to commercial item acquisitions. The respondent did not find that the availability of limited information indicated that the burden may not be significant, as described in the proposed rule. Rather, initial feedback from contractors suggested that the burdens associated with reporting under the rule will have a significant impact. Response: The respondents do not offer data with which to support changing the current estimated public burden hours. However, since this is a new rule without an empirical frame of reference, the public reporting burden is reviewed every three years and can be adjusted as necessary. 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. C. Annual Reporting Burden Respondents: 5,457. Responses per Respondent: 1. Total Annual Responses: 5,457. Hours per Response: 2. Total Burden Hours: 10,914. 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 9000-0196, Payment of Subcontractors, in all correspondence. Dated: November 15, 2016. Lorin S. Curit, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2016-31130 Filed 12-23-16; 8:45 am] BILLING CODE 6820-EP-P
![Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices 95141
the Commission’s privacy policy, at effective in blocking targeted advertising modify in any way the proposed orders
http://www.ftc.gov/ftc/privacy.htm. on both mobile Web sites and in mobile terms.
apps. Contrary to Turn’s By direction of the Commission.
Analysis of Proposed Consent Order To
representations, Turn’s opt-out applied Donald S. Clark,
Aid Public Comment
only to mobile browsers, and was not
The Federal Trade Commission has Secretary.
effective in blocking ads in mobile
accepted, subject to final approval, an [FR Doc. 2016–31132 Filed 12–23–16; 8:45 am]
applications.
agreement containing a consent order The proposed consent order contains BILLING CODE 6750–01–P
from Turn Inc. (‘‘Turn’’). provisions designed to prevent Turn
The proposed consent order has been from engaging in similar acts and
placed on the public record for thirty practices in the future. Part I of the DEPARTMENT OF DEFENSE
(30) days for receipt of comments by proposed order prohibits Turn from
interested persons. Comments received misrepresenting (1) the extent to which GENERAL SERVICES
during this period will become part of it collects, uses, discloses, retains, or ADMINISTRATION
the public record. After thirty (30) days, shares Covered Information; and (2) the
the Commission again will review the extent to which users may limit, control, NATIONAL AERONAUTICS AND
agreement and the comments received or prevent Turn’s collection, use, SPACE ADMINISTRATION
and will decide whether it should disclosure, retention, or sharing of [OMB Control No. 9000–0196; Docket No.
withdraw from the agreement or make covered information. Part II of the 2016–0053; Sequence 33]
final the agreement’s proposed order. proposed order requires Turn, within
This matter involves Turn, a digital thirty days following service of the Submission for OMB Review; Payment
advertising company that enables order, to place a clear and conspicuous of Subcontractors
commercial brands and ad agencies to hyperlink on the Turn Web site
engage in targeted advertising, which is AGENCY: Department of Defense (DOD),
homepage that states ‘‘Consumer Opt
the practice of tracking a consumer’s General Services Administration (GSA),
Out of Targeted Advertising.’’ The
activities or characteristics to deliver and National Aeronautics and Space
hyperlink must take consumers to a
ads tailored to the consumer’s interests. Administration (NASA).
clear and conspicuous disclosure that
The FTC complaint alleges that Turn ACTION: Notice of request for public
explains what information Turn collects
violated Section 5(a) of the FTC Act by and uses for targeted advertising, and comments regarding an extension to an
falsely representing to consumers the provides an effective opt-out existing OMB clearance.
extent to which consumers could mechanism that allows consumers to SUMMARY: Under the provisions of the
restrict the company’s tracking of their prevent Turn from collecting or using
online activities and the extent to which Paperwork Reduction Act, the
consumers’ information. In addition, Regulatory Secretariat will be
Turn’s opt-out applied to mobile app Turn’s Web site must describe to
advertising. submitting to the Office of Management
consumers the technologies and and Budget (OMB) a request to review
Specifically, the complaint alleges methods it uses for targeted advertising.
that until at least April 2015, Turn’s and approve an extension of a currently
Part III of the proposed order requires approved information collection
privacy policy misrepresented that Turn to honor mobile operating system
consumers could prevent Turn’s requirement concerning Payment of
control signal (e.g., Apple’s IDFA or Subcontractors.
tracking by blocking or otherwise Google’s advertising ID) to opt out of or
limiting cookies. Contrary to otherwise control or limit targeted DATES: Submit comments on or before
representations that consumers could advertising, where it knows or January 26, 2017.
opt out of tracking by instructing their reasonably should know that it is ADDRESSES: Submit comments regarding
browser to ‘‘stop accepting cookies,’’ receiving such a signal. this burden estimate or any other aspect
Turn tracked consumers by using and Parts IV through VIII of the proposed of this collection of information,
synchronizing the Verizon X–UIDH order are reporting and compliance including suggestions for reducing this
header, a unique identifier appended to provisions. Part IV requires burden to: Office of Information and
the internet traffic of more than 100 acknowledgment of the order and Regulatory Affairs of OMB, Attention:
million consumers on the Verizon dissemination of the order now and in Desk Officer for GSA, Room 10236,
Wireless data network. Even if a the future to persons with managerial NEOB, Washington, DC 20503.
consumer deleted cookies or reset their responsibilities relating to the subject Additionally submit a copy to GSA by
device advertising identifier (e.g., matter of the order. Part V ensures any of the following methods:
Apple’s IDFA or Google’s advertising notification to the FTC of changes in • Regulations.gov: http://
ID), Turn would be able to recognize the corporate status and mandates that Turn www.regulations.gov. Submit comments
user by cross-referencing the unique X– submit an initial compliance report to via the Federal eRulemaking portal by
UIDH header associated with an the FTC. Part VI requires Turn to retain searching for OMB control number
individual consumer’s device. In fact, if documents relating to its compliance 9000–0196, Payment of Subcontractors.
a Verizon Wireless user deleted their with the order for a five-year period. Select the link ‘‘Submit a Comment’’
cookies, Turn would attempt to set a Part VII mandates that Turn make that corresponds with ‘‘9000–0196;
new cookie containing the same unique available to the FTC information or Payment of Subcontractors.’’ Follow the
identifier as the cookie the user had subsequent compliance reports, as instructions provided at the ‘‘Submit a
asabaliauskas on DSK3SPTVN1PROD with NOTICES
deleted, thereby maintaining the linkage requested. Part VIII is a provision Comment’’ screen. Please include your
between the consumer’s browser or ‘‘sunsetting’’ the order after twenty (20) name, company name (if any), and
device and an identifier associated with years, with certain exceptions. ‘‘9000–0196; Payment of
behavioral, demographic, or tracking The purpose of this analysis is to Subcontractors’’ on your attached
data. facilitate public comment on the document.
In addition, the complaint alleges that proposed order. It is not intended to • Mail: General Services
Turn’s privacy policy misrepresented constitute an official interpretation of Administration, Regulatory Secretariat
that its opt-out mechanism would be the proposed complaint order or to Division (MVCB), 1800 F Street NW.,
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![95142 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices
Washington, DC 20405. ATTN: Ms. applies to the proposed rule. The other 1800 F Street NW., Washington, DC
Flowers/IC 9000–0196. respondent believed that the estimate of 20405, telephone 202–501–4755. Please
Instructions: Please submit comments reporting time of only two hours per cite OMB Control Number 9000–0196,
only and cite IC 9000–0196, in all respondent is grossly underestimated. Payment of Subcontractors, in all
correspondence related to this case. All This negligible amount of time assumes correspondence.
comments received will be posted that all contractors can easily identify Dated: November 15, 2016.
without change to http:// from their payment systems which Lorin S. Curit,
www.regulations.gov, including any subcontractors are small businesses. The
Director, Federal Acquisition Policy Division,
personal and/or business confidential respondent believed that this is often Office of Governmentwide Acquisition Policy,
information provided. To confirm not the case, and that the small business Office of Acquisition Policy, Office of
receipt of your comment(s), please size status of a subcontractor may be Governmentwide Policy.
check www.regulations.gov, unknown to the contractor’s other [FR Doc. 2016–31130 Filed 12–23–16; 8:45 am]
approximately two to three days after accounting systems. The other BILLING CODE 6820–EP–P
submission to verify posting (except respondent commented that since the
allow 30 days for posting of comments Small Business Jobs Act of 2010 does
submitted by mail). not specifically require that the
FOR FURTHER INFORMATION CONTACT: Mr. subcontractor payment clause apply to DEPARTMENT OF HEALTH AND
Curtis E. Glover, Sr., Procurement commercial contracts, the respondent HUMAN SERVICES
Analyst, at 202–501–1448, or email recommended that the FAR Council
curtis.glover@gsa.gov. seek additional information about the Centers for Disease Control and
burden on contractors before a Prevention
SUPPLEMENTARY INFORMATION:
determination is made to apply the
A. Purpose payment of subcontractor requirements Disease, Disability, and Injury
to commercial item acquisitions. The Prevention and Control Special
Section 1334 of the Small Business Emphasis Panel (SEP): Initial Review
Jobs and Credit Act of 2010 (Pub. L. respondent did not find that the
111–240) and the Small Business availability of limited information In accordance with Section 10(a)(2) of
Administration’s Final Rule at 78 FR indicated that the burden may not be the Federal Advisory Committee Act
42391, Small Business Subcontracting, significant, as described in the proposed (Pub. L. 92–463), the Centers for Disease
published on July 16, 2013, and rule. Rather, initial feedback from Control and Prevention (CDC)
effective August 15, 2013, requires the contractors suggested that the burdens announces a meeting for the initial
prime contractor to self-report to the associated with reporting under the rule review of applications in response to
contracting officer when the prime will have a significant impact. Funding Opportunity Announcement
contractor makes late or reduced Response: The respondents do not (FOA) GH17–001, Evaluations to
payments to small business offer data with which to support Improve Prevention Interventions Under
subcontractors. In addition, the changing the current estimated public the President’s Emergency Plan for
contracting officer is required to record burden hours. However, since this is a AIDS Relief (PEPFAR).
the identity of contractors with a history new rule without an empirical frame of Time and Date: 9:00 a.m.–2:00 p.m.,
of late or reduced payments to small reference, the public reporting burden is EST, January 25, 2017 (Closed).
business subcontractors in the Federal reviewed every three years and can be Place: Teleconference.
Awardee Performance and Integrity adjusted as necessary. Status: The meeting will be closed to
Public comments are particularly the public in accordance with
Information System (FAPIIS). FAR Part
invited on: Whether this collection of provisions set forth in Section
42 is revised to include in the past
information is necessary for the proper 552b(c)(4) and (6), Title 5 U.S.C., and
performance evaluation reduced or
performance of functions of the FAR, the Determination of the Director,
untimely payments reported to the
and whether it will have practical Management Analysis and Services
contracting officer by the prime
utility; whether our estimate of the Office, CDC, pursuant to Public Law 92–
contractor in accordance with the clause
public burden of this collection of 463.
at 52.242–XX, Payments to Small
information is accurate, and based on Matters for Discussion: The meeting
Business Subcontractors, that are
valid assumptions and methodology; will include the initial review,
determined by the contracting officer to
ways to enhance the quality, utility, and discussion, and evaluation of
be unjustified.
clarity of the information to be applications received in response to
A notice was published in the Federal
collected; and ways in which we can FOA GH17–001, Evaluations to Improve
Register at 81 FR 3087, on January 20,
minimize the burden of the collection of Prevention Interventions Under the
2016, as part of a proposed rule under
information on those who are to President’s Emergency Plan for AIDS
FAR Case 2014–004. Two comments
respond, through the use of appropriate Relief (PEPFAR).
were received on the information
technological collection techniques or Contact Person for More Information:
collection.
other forms of information technology. Hylan Shoob, Scientific Review Officer,
B. Discussion and Analysis Center for Global Health (CGH) Science
C. Annual Reporting Burden
Comment: Two respondents stated Respondents: 5,457. Office, CGH, CDC, 1600 Clifton Road,
that the Councils had underestimated NE., Mailstop D–69, Atlanta, Georgia
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Responses per Respondent: 1.
the public burden in regards to the Total Annual Responses: 5,457. 30329, Telephone: (404) 639–4796.
proposed rule. One respondent Hours per Response: 2. The Director, Management Analysis
commented that the FAR Council has Total Burden Hours: 10,914. and Services Office, has been delegated
greatly underestimated the Obtaining Copies of Proposals: the authority to sign Federal Register
implementation burden on commercial Requesters may obtain a copy of the notices pertaining to announcements of
item and COTS item contractors, information collection documents from meetings and other committee
especially considering the broad the General Services Administration, management activities, for both the
definition of ‘‘subcontractor’’ that Regulatory Secretariat Division (MVCB), Centers for Disease Control and
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Document Created: 2018-02-14 09:13:42
Document Modified: 2018-02-14 09:13:42
| 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 public comments regarding an extension to an existing OMB clearance. | |
| Dates | Submit comments on or before January 26, 2017. | |
| Contact | Mr. Curtis E. Glover, Sr., Procurement Analyst, at 202-501-1448, or email [email protected] | |
| FR Citation | 81 FR 95141 |
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