82_FR_16273 82 FR 16211 - General Services Administration Acquisition Regulation; Submission for OMB Review; Industrial Funding Fee and Sales Reporting

82 FR 16211 - General Services Administration Acquisition Regulation; Submission for OMB Review; Industrial Funding Fee and Sales Reporting

GENERAL SERVICES ADMINISTRATION

Federal Register Volume 82, Issue 62 (April 3, 2017)

Page Range16211-16214
FR Document2017-06520

Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division is submitting a request to the Office of Management and Budget (OMB) to review and approve an extension of a previously approved information collection associated with General Services Administration Acquisition Regulation clause 552.238-74, Industrial Funding Fee and Sales Reporting. GSA uses this information to collect the Industrial Funding Fee and administer the Federal Supply Schedule (FSS) program. A notice was published in the Federal Register on January 13, 2017. No comments were received.

Federal Register, Volume 82 Issue 62 (Monday, April 3, 2017)
[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Notices]
[Pages 16211-16214]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06520]


=======================================================================
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GENERAL SERVICES ADMINISTRATION

[OMB Control No. 3090-0121; Docket No. 2017-0001; Sequence 1]


General Services Administration Acquisition Regulation; 
Submission for OMB Review; Industrial Funding Fee and Sales Reporting

AGENCY: Office of Acquisition Policy, General Services Administration 
(GSA).

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 is submitting a request to the Office 
of Management and Budget (OMB) to review and approve an extension of a 
previously approved information collection associated with General 
Services Administration Acquisition Regulation clause 552.238-74, 
Industrial Funding Fee and Sales Reporting. GSA uses this information 
to collect the Industrial Funding Fee and administer the Federal Supply 
Schedule (FSS) program. A notice was published in the Federal Register 
on January 13, 2017. No comments were received.

DATES: Submit comments on or before: May 3, 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 the OMB 
control number. Select the link ``Submit a Comment'' that corresponds 
with ``Information Collection 3090-0121, Industrial Funding Fee and 
Sales Reporting.'' Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``Information Collection 3090-0121, Industrial Funding Fee and Sales 
Reporting'' on your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. 
ATTN: Ms. Sosa/IC 3090-0121, Industrial Funding Fee and Sales 
Reporting.
    Instructions: Please submit comments only and cite Information 
Collection 3090-0121, Industrial Funding Fee and Sales Reporting, in 
all correspondence related to this collection. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: Matthew McFarland, Senior Policy 
Advisor, GSA Acquisition Policy Division, at 202-690-9232, or 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Purpose

    GSA's Federal Supply Schedule (FSS) program, commonly known as the 
GSA Schedules program or Multiple Award Schedule (MAS) program provides 
federal agencies with a simplified process for acquiring commercial 
supplies and services. The FSS program is the Government's preeminent 
contracting vehicle, accounting for approximately 10 percent of all 
federal contract dollars with $33 billion of purchases made through the 
program in fiscal year 2016.
    Activities placing orders against a GSA Schedule contract must pay 
an Industrial Funding Fee (IFF) that reimburses GSA's Federal 
Acquisition Service (FAS) for the costs of operating the FSS program. 
FAS recoups its operating costs from ordering activities (i.e. 
customers) as set forth in 40 U.S.C. 321: Acquisition Services Fund. 
Net operating revenues generated by the IFF are also applied to fund 
initiatives

[[Page 16212]]

benefitting other authorized FAS programs, in accordance with 40 U.S.C. 
321. The IFF, currently set at 0.75 percent, is included in the order 
price, so when a vendor is paid for an FSS order, it is also collecting 
the IFF. Collection is similar to a state sales tax, where a customer 
pays the tax due to a merchant, and then the merchant remits the taxes 
collected to the state government.
    GSA requires vendors to report their FSS sales each quarter so it 
can determine the amount of IFF the vendors have collected from 
customers, and therefore must remit to GSA. However, GSA also uses this 
information for other purposes, including budgeting, determining 
whether vendors have met the minimum sales requirement,\1\ evaluating 
the program's performance, and monitoring small business participation.
---------------------------------------------------------------------------

    \1\ The FSS Contract Sales Criteria clause requires vendors to 
have at least $25,000 in sales over the first two years of a 
contract and then $25,000/year in sales for each year thereafter. 
Vendors that have not satisfied the minimum sales requirement are 
subject to cancellation in accordance with GSAR clause 552.238-73 
Cancellation.
---------------------------------------------------------------------------

    Vendor reporting and remittance requirements are set forth in 
General Services Administration Acquisition Regulation (GSAR) clause 
552.238-74, Industrial Funding Fee and Sales Reporting, or Alternate I 
of that clause. While both clause versions govern how the IFF is 
calculated and remitted, the reporting requirements differ between the 
basic version and Alternate I:
    Clause 552.238-75: Basic Version: This version requires vendors to 
report their FSS contract sales to GSA once a quarter. GSA then 
calculates the IFF due based on the total amount of sales reported, and 
the vendor must remit that amount within 30 days after the end of the 
quarter. The basic version of the clause applies to approximately 72 
percent of GSA Schedule contracts.
    Clause 552.238-75: Alternate I: While the basic version requires 
vendors to report their total FSS sales each quarter, Alternate I 
requires vendors to report the transactional data generated from orders 
each month. GSA then calculates the IFF due based on the transactional 
data reported, and the vendor must remit that amount within 30 days 
after the end of the quarter. Alternate I of the clause applies to FSS 
contracts participating in the Transactional Data Reporting pilot. The 
pilot commenced on June 23, 2016 and will run for at least a year 
before substantial changes are considered. Approximately 28 percent of 
GSA Schedule contracts are eligible to participate in the pilot.
    Since the reporting requirements vary by the two versions of clause 
552.238-74, separate Paperwork Reduction Act information collections 
have been established for each version. The information collection 
associated with OMB control number 3090-0306, which expires on 8/31/
2019, applies to Alternate I. This information collection (OMB control 
number 3090-0121) applies to the basic version of the clause.

Information Collection Changes and Updates

     The population of vendors subject to this information 
collection is smaller than the previous version, as FSS contracts 
eligible to participate in the Transactional Data Reporting pilot 
(approximately 28 percent of all GSA Schedule contracts) are now 
included under OMB control number 3090-0306.
     Previous justifications for this information collection 
limited the burden to the amount of time needed for vendors to input 
sales data in the 72A Reporting System and remit IFF payments. However, 
GSA now recognizes recordkeeping, quality assurance, reporting, and 
remittance should be included in the burden estimates. Since 
recordkeeping and quality assurance are the largest burden drivers for 
both vendors and the Government, the burden estimates for both the 
public and Government have increased.

B. Annual Reporting Burden

    Population Overview: The basic version of clause 552.238-74 is 
included in 14,306 contracts held by 12,254 vendors. This includes 
1,128 new contracts awarded to 819 vendors.\2\
---------------------------------------------------------------------------

    \2\ These are approximations based on FY2015 data. The number of 
vendors equals the number of unique Data Universal Numbering System 
(DUNS) numbers, which are assigned to business entities.
---------------------------------------------------------------------------

    Cost Estimates: The estimated cost burden for respondents was 
calculated by multiplying the burden hours by an estimated cost of $68/
hour ($50/hour with a 36% overhead rate).\3\
---------------------------------------------------------------------------

    \3\ The 36% overhead rate was used in reference Office of 
Management and Budget (OMB) Circular No. A-76. Circular A-76 
requires agencies to use standard cost factors to estimate certain 
costs of government performance. These cost factors ensure that 
specific government costs are calculated in a standard and 
consistent manner to reasonably reflect the cost of performing 
commercial activities with government personnel. The standard cost 
factor for fringe benefits is 36.25%; GSA opted to round to the 
nearest whole number for the basis of its burden estimates.
---------------------------------------------------------------------------

    Categorization of Vendors by Quarterly Sales Revenue: Sales 
reporting imposes a progressive burden--one that increases with a 
vendor's sales volume. Quarterly reporting times will increase with a 
vendor's applicable sales volume, as vendors with lower to no 
reportable sales will spend little time on quarterly reporting, while 
those with more reportable sales with face a higher reporting burden.
    GSA separated vendors into categories based on average quarterly 
sales volume \4\ in order to account for the differences in reporting 
burden. These categories are:
---------------------------------------------------------------------------

    \4\ Average quarterly sales volume was computed by taking a 
vendor's total annual sales volume and dividing it by 4. All sales 
data is from FY2015.

 Category 1: No sales activity (average quarterly sales of $0)
 Category 2: Average quarterly sales between $0 and $60,000
 Category 3: Average quarterly sales between $60,000 and 
$600,000
 Category 4: Average quarterly sales between $600,000 and $3 
million
 Category 5: Average quarterly sales over $3 million

    The distribution of vendors by sales category is as follows:

                    FSS and Vendors by Sales Category
------------------------------------------------------------------------
                                            FSS vendors     FSS vendors
                                              (count)      (percentage)
------------------------------------------------------------------------
Category 1..............................           4,217              34
Category 2..............................           4,020              33
Category 3..............................           2,768              23
Category 4..............................             970               8
Category 5..............................             279               2
                                         -------------------------------
    Total...............................          12,254          100.00
------------------------------------------------------------------------


[[Page 16213]]

    Automated vs. Manual Reporting Systems: Vendors subject to these 
clauses must create systems or processes to produce and report accurate 
data. Generally, vendors will use automated or manual systems to 
identify the quarter's reportable sales. An automated system is one 
that relies on information technology, such as an accounting system or 
data management software, to identify and compile reportable data. 
These systems can tremendously streamline the reporting process but 
require upfront configuration to perform the tasks, such as coding the 
sales types to be retrieved. Conversely, a manual system is one that 
incorporates little to no automation and instead relies on personnel to 
manually identify and compile the reportable data. An example of a 
manual system would be an accountant reviewing invoices to identify the 
reportable data and then transferring the findings to a spreadsheet. In 
contrast to automation, a manual system requires relatively little 
setup time but the reporting effort will generally increase with the 
vendor's sales volume.
    The likelihood of a vendor adopting an automated system increases 
with their applicable sales volume. Vendors with little to no 
reportable data are unlikely to expend the effort needed to establish 
an automated reporting system since it will be relatively easy to 
identify and report a limited amount of data. In fiscal year 2015, 34 
percent of FSS vendors subject to this collection reported $0 sales, 
while another 33 percent reported average quarterly sales between $1 
and $60,000 per quarter. However, as a vendor's applicable average 
quarterly sales increase, they will be increasingly likely to establish 
an automated system to reduce the quarterly reporting burden. 
Consequently, vendors with higher reportable sales will likely bear a 
higher setup burden to create an automated system, or absorb a high 
quarterly reporting burden if they choose to rely on manual reporting 
methods.
    The following chart depicts the likelihood of the population of 
vendors adopting manual and automated reporting systems:

                                        Vendors by Reporting System Type
                                             [Manual vs. Automated]
----------------------------------------------------------------------------------------------------------------
                                                   Manual system     Automated                       Automated
                                                      (vendor     system (vendor   Manual system  system (vendor
                                                    percentage)     percentage)   (vendor count)      count)
----------------------------------------------------------------------------------------------------------------
Category 1......................................             100               0           4,217               0
Category 2......................................             100               0           4,020               0
Category 3......................................              90              10           2,491             277
Category 4......................................              50              50             485             485
Category 5......................................              10              90              28             251
                                                 ---------------------------------------------------------------
    Total Vendor Count by System Type...........  ..............  ..............          11,241           1,013
    Vendor Percentage by System Type............  ..............  ..............             92%              8%
----------------------------------------------------------------------------------------------------------------

    Initial Setup: Vendors with active FSS contracts already have 
procedures in place to meet these longstanding reporting requirements. 
However, new FSS vendors will absorb a one-time setup burden to 
establish reporting systems. The estimated setup time varies between 
automated and manual reporting systems. Vendors implementing a manual 
system must acclimate themselves with the new reporting requirements 
and train their staff as accordingly, while those with automated 
systems must perform these tasks in addition to configuring information 
technology resources. GSA is attributing the setup burden by vendor, 
not by contracts, because a vendor holding multiple contracts subject 
to this rule will likely use a single reporting system.
    GSA estimates the average one-time setup burden is 8 hours for 
vendors with a manual system and 40 hours for those with an automated 
system. GSA also attributes the same system type probabilities (manual 
system 92%, automated system 8%) to the population of new vendors. 
These estimates apply to the 819 vendors awarded FSS contracts in 
fiscal year 2015.
    Quarterly Reporting: Vendors are required to report sales within 30 
calendar days after the end of each quarter. The average reporting 
times vary by system type (manual or automated) and by sales 
categories. GSA estimates vendors using a manual system will have 
average quarterly reporting times ranging from 15 minutes (0.25 hours) 
per quarter for vendors with $0 sales, to an average of 8 hours per 
quarter for vendors with quarterly sales over $3 million. On the other 
hand, GSA projects vendors with automated systems will have reporting 
times of 2 hours per quarter, irrespective of quarterly sales volume, 
as a result of efficiencies achieved through automated processes. The 
following table shows GSA's projected quarterly reporting times per 
sales category and system type.

          Quarterly Reporting Hours by System Type and Category
------------------------------------------------------------------------
                                                             Automated
                                          Manual systems      systems
------------------------------------------------------------------------
Category 1..............................            0.25            2.00
Category 2..............................            1.00            2.00
Category 3..............................            2.00            2.00
Category 4..............................            4.00            2.00
Category 5..............................            8.00            2.00
------------------------------------------------------------------------


[[Page 16214]]

Annualized Public Burden Estimates

    The burden estimates consist of quarterly reporting times for all 
12,254 participating vendors and a one-time setup burden for the 819 
new vendors:

Quarterly Reporting

    Annual Burden (Hours): 56,983.
    Annual Burden (Cost): $3,874,817.

Initial Setup

    Annual Burden (Hours): 8,718.
    Annual Burden (Cost): $592,846.

Total Information Collection Burden

    Number of Respondents: 12,254.
    Response per Respondent: 4.
    Total Annual Responses: 49, 016.
    Hours per Response: 1.3404.
    Total Burden (Hours): 65,701.
    Annual Burden (Cost): $4,467,663.

C. Public Comments

    Public comments are particularly invited on: Whether this 
collection of information is necessary 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.
    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. 3090-0235, Price Reductions Clause, in 
all correspondence.

    Dated: March 29, 2017.
Jeffrey A. Koses,
Director, Office of Acquisition Policy, Office of Government-wide 
Policy.
[FR Doc. 2017-06520 Filed 3-31-17; 8:45 am]
 BILLING CODE 6820-61-P



                                                                                  Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices                                            16211

                                                     Estimated annual burden hours:                         Legal authorization and                             including suggestions for reducing this
                                                  75,563.                                                 confidentiality: The Board’s Legal                    burden to: Office of Information and
                                                     General Description of Report:                       Division has determined that section                  Regulatory Affairs of OMB, Attention:
                                                  Sections 701, 723, and 741 contain                      3(a)(4)(F) of the Exchange Act (15 U.S.C.             Desk Officer for GSA, Room 10236,
                                                  information collection requirements.                    78c(a)(4)(F)) authorizes the Board and                NEOB, Washington, DC 20503.
                                                  Details of the requirements for each                    the SEC to require the information                    Additionally submit a copy to GSA by
                                                  section are provided below.                             collection. The FR 4025 is required to                any of the following methods:
                                                     Section 701. Section 701(a)(2)(i) and                obtain a benefit because banks wishing                   • Regulations.gov: http://
                                                  (b) require banks (or their broker-dealer               to utilize exemptions provided by the                 www.regulations.gov. Submit comments
                                                  partners) that utilize the exemption                    rules 701, 723, and 741 are required to               via the Federal eRulemaking portal by
                                                  provided in this section to make certain                comply with the recordkeeping and                     searching the OMB control number.
                                                  disclosures to high net worth or                        disclosure requirements. If an                        Select the link ‘‘Submit a Comment’’
                                                  institutional customers. Specifically,                  institution considers the information to              that corresponds with ‘‘Information
                                                  these banks must clearly and                            be trade secrets and/or privileged such               Collection 3090–0121, Industrial
                                                  conspicuously disclose (i) the name of                  information could be withheld from the                Funding Fee and Sales Reporting.’’
                                                  the broker-dealer and (ii) that the bank                public under the authority of the                     Follow the instructions provided at the
                                                  employee participates in an incentive                   Freedom of Information Act (5 U.S.C.                  ‘‘Submit a Comment’’ screen. Please
                                                  compensation program under which the                    552(b)(4)). Additionally, to the extent               include your name, company name (if
                                                  bank employee may receive a fee of                      that such information may be contained                any), and ‘‘Information Collection 3090–
                                                  more than a nominal amount for                          in an examination report such                         0121, Industrial Funding Fee and Sales
                                                  referring the customer to the broker-                   information maybe also be withheld                    Reporting’’ on your attached document.
                                                  dealer and payment of this fee may be                   from the public (5 U.S.C. 552 (b)(8)).                   • Mail: General Services
                                                  contingent on whether the referral                                                                            Administration, Regulatory Secretariat
                                                  results in a transaction with the broker-                 Board of Governors of the Federal Reserve
                                                                                                          System, March 27, 2017.                               Division (MVCB), 1800 F Street NW.,
                                                  dealer.                                                                                                       Washington, DC 20405. ATTN: Ms.
                                                     In addition, one of the conditions of                Robert deV. Frierson,
                                                                                                          Secretary of the Board.                               Sosa/IC 3090–0121, Industrial Funding
                                                  the exemption is that the broker-dealer                                                                       Fee and Sales Reporting.
                                                  and the bank have a contractual or other                [FR Doc. 2017–06401 Filed 3–31–17; 8:45 am]
                                                                                                                                                                   Instructions: Please submit comments
                                                  written arrangement containing certain                  BILLING CODE 6210–01–P
                                                                                                                                                                only and cite Information Collection
                                                  elements, including notification and                                                                          3090–0121, Industrial Funding Fee and
                                                  information requirements. The bank                                                                            Sales Reporting, in all correspondence
                                                  must provide its broker-dealer partner                  GENERAL SERVICES                                      related to this collection. All comments
                                                  with the name of the bank employee                      ADMINISTRATION                                        received will be posted without change
                                                  receiving a referral fee under the
                                                                                                          [OMB Control No. 3090–0121; Docket No.                to http://www.regulations.gov, including
                                                  exemption and certain other identifying                 2017–0001; Sequence 1]                                any personal and/or business
                                                  information relating to the bank
                                                                                                                                                                confidential information provided.
                                                  employee.                                               General Services Administration
                                                     Section 723. Section 723(e)(1)                                                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                          Acquisition Regulation; Submission
                                                  requires a bank that desires to exclude                                                                       Matthew McFarland, Senior Policy
                                                                                                          for OMB Review; Industrial Funding
                                                  a trust or fiduciary account in                                                                               Advisor, GSA Acquisition Policy
                                                                                                          Fee and Sales Reporting
                                                  determining its compliance with the                                                                           Division, at 202–690–9232, or
                                                  chiefly compensated test in section 721,                AGENCY: Office of Acquisition Policy,                 matthew.mcfarland@gsa.gov.
                                                  pursuant to a de minimis exclusion, to                  General Services Administration (GSA).                SUPPLEMENTARY INFORMATION:
                                                  maintain records demonstrating that the                 ACTION: Notice of request for comments
                                                                                                                                                                A. Purpose
                                                  securities transactions conducted by or                 regarding an extension to an existing
                                                  on behalf of the account were                           OMB clearance.                                           GSA’s Federal Supply Schedule (FSS)
                                                  undertaken by the bank in the exercise                                                                        program, commonly known as the GSA
                                                  of its trust or fiduciary responsibilities              SUMMARY:    Under the provisions of the               Schedules program or Multiple Award
                                                  with respect to the account.                            Paperwork Reduction Act, the                          Schedule (MAS) program provides
                                                     Section 741. Section 741(a)(2)(ii)(A)                Regulatory Secretariat Division is                    federal agencies with a simplified
                                                  requires a bank relying on this                         submitting a request to the Office of                 process for acquiring commercial
                                                  exemption, which permits banks to                       Management and Budget (OMB) to                        supplies and services. The FSS program
                                                  effect transactions in the shares of a                  review and approve an extension of a                  is the Government’s preeminent
                                                  money market fund, to provide                           previously approved information                       contracting vehicle, accounting for
                                                  customers with a prospectus for the                     collection associated with General                    approximately 10 percent of all federal
                                                  money market fund securities, not later                 Services Administration Acquisition                   contract dollars with $33 billion of
                                                  than the time the customer authorizes                   Regulation clause 552.238–74,                         purchases made through the program in
                                                  the bank to effect the transaction in such              Industrial Funding Fee and Sales                      fiscal year 2016.
                                                  securities, if the class or series of                   Reporting. GSA uses this information to                  Activities placing orders against a
                                                  securities are not no-load. In situations               collect the Industrial Funding Fee and                GSA Schedule contract must pay an
                                                  where a bank effects transactions under                 administer the Federal Supply Schedule                Industrial Funding Fee (IFF) that
                                                  the exemption as part of a program for                  (FSS) program. A notice was published                 reimburses GSA’s Federal Acquisition
mstockstill on DSK3G9T082PROD with NOTICES




                                                  the investment or reinvestment of                       in the Federal Register on January 13,                Service (FAS) for the costs of operating
                                                  deposit funds of, or collected by,                      2017. No comments were received.                      the FSS program. FAS recoups its
                                                  another bank, the Section permits either                DATES: Submit comments on or before:                  operating costs from ordering activities
                                                  the effecting bank or the deposit-taking                May 3, 2017.                                          (i.e. customers) as set forth in 40 U.S.C.
                                                  bank to provide the customer a                          ADDRESSES: Submit comments regarding                  321: Acquisition Services Fund. Net
                                                  prospectus for the money market fund                    this burden estimate or any other aspect              operating revenues generated by the IFF
                                                  securities.                                             of this collection of information,                    are also applied to fund initiatives


                                             VerDate Sep<11>2014   18:32 Mar 31, 2017   Jkt 241001   PO 00000   Frm 00056   Fmt 4703   Sfmt 4703   E:\FR\FM\03APN1.SGM   03APN1


                                                  16212                                      Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices

                                                  benefitting other authorized FAS                                            the transactional data generated from                                           drivers for both vendors and the
                                                  programs, in accordance with 40 U.S.C.                                      orders each month. GSA then calculates                                          Government, the burden estimates for
                                                  321. The IFF, currently set at 0.75                                         the IFF due based on the transactional                                          both the public and Government have
                                                  percent, is included in the order price,                                    data reported, and the vendor must                                              increased.
                                                  so when a vendor is paid for an FSS                                         remit that amount within 30 days after
                                                                                                                                                                                                              B. Annual Reporting Burden
                                                  order, it is also collecting the IFF.                                       the end of the quarter. Alternate I of the
                                                  Collection is similar to a state sales tax,                                 clause applies to FSS contracts                                                   Population Overview: The basic
                                                  where a customer pays the tax due to a                                      participating in the Transactional Data                                         version of clause 552.238–74 is
                                                  merchant, and then the merchant remits                                      Reporting pilot. The pilot commenced                                            included in 14,306 contracts held by
                                                  the taxes collected to the state                                            on June 23, 2016 and will run for at                                            12,254 vendors. This includes 1,128
                                                  government.                                                                 least a year before substantial changes                                         new contracts awarded to 819 vendors.2
                                                    GSA requires vendors to report their                                      are considered. Approximately 28                                                  Cost Estimates: The estimated cost
                                                  FSS sales each quarter so it can                                            percent of GSA Schedule contracts are                                           burden for respondents was calculated
                                                  determine the amount of IFF the                                             eligible to participate in the pilot.                                           by multiplying the burden hours by an
                                                  vendors have collected from customers,                                         Since the reporting requirements vary
                                                                                                                                                                                                              estimated cost of $68/hour ($50/hour
                                                  and therefore must remit to GSA.                                            by the two versions of clause 552.238–
                                                                                                                                                                                                              with a 36% overhead rate).3
                                                  However, GSA also uses this                                                 74, separate Paperwork Reduction Act
                                                  information for other purposes,                                             information collections have been                                                 Categorization of Vendors by
                                                  including budgeting, determining                                            established for each version. The                                               Quarterly Sales Revenue: Sales
                                                  whether vendors have met the                                                information collection associated with                                          reporting imposes a progressive
                                                  minimum sales requirement,1                                                 OMB control number 3090–0306, which                                             burden—one that increases with a
                                                  evaluating the program’s performance,                                       expires on 8/31/2019, applies to                                                vendor’s sales volume. Quarterly
                                                  and monitoring small business                                               Alternate I. This information collection                                        reporting times will increase with a
                                                  participation.                                                              (OMB control number 3090–0121)                                                  vendor’s applicable sales volume, as
                                                    Vendor reporting and remittance                                           applies to the basic version of the                                             vendors with lower to no reportable
                                                  requirements are set forth in General                                       clause.                                                                         sales will spend little time on quarterly
                                                  Services Administration Acquisition                                                                                                                         reporting, while those with more
                                                  Regulation (GSAR) clause 552.238–74,                                        Information Collection Changes and                                              reportable sales with face a higher
                                                  Industrial Funding Fee and Sales                                            Updates                                                                         reporting burden.
                                                  Reporting, or Alternate I of that clause.                                     • The population of vendors subject                                             GSA separated vendors into categories
                                                  While both clause versions govern how                                       to this information collection is smaller                                       based on average quarterly sales
                                                  the IFF is calculated and remitted, the                                     than the previous version, as FSS                                               volume 4 in order to account for the
                                                  reporting requirements differ between                                       contracts eligible to participate in the                                        differences in reporting burden. These
                                                  the basic version and Alternate I:                                          Transactional Data Reporting pilot                                              categories are:
                                                    Clause 552.238–75: Basic Version:                                         (approximately 28 percent of all GSA
                                                  This version requires vendors to report                                     Schedule contracts) are now included                                            • Category 1: No sales activity (average
                                                  their FSS contract sales to GSA once a                                      under OMB control number 3090–0306.                                               quarterly sales of $0)
                                                  quarter. GSA then calculates the IFF due                                      • Previous justifications for this                                            • Category 2: Average quarterly sales
                                                  based on the total amount of sales                                          information collection limited the                                                between $0 and $60,000
                                                  reported, and the vendor must remit                                         burden to the amount of time needed for                                         • Category 3: Average quarterly sales
                                                  that amount within 30 days after the                                        vendors to input sales data in the 72A                                            between $60,000 and $600,000
                                                  end of the quarter. The basic version of                                    Reporting System and remit IFF                                                  • Category 4: Average quarterly sales
                                                  the clause applies to approximately 72                                      payments. However, GSA now                                                        between $600,000 and $3 million
                                                  percent of GSA Schedule contracts.                                          recognizes recordkeeping, quality
                                                    Clause 552.238–75: Alternate I: While                                     assurance, reporting, and remittance                                            • Category 5: Average quarterly sales
                                                  the basic version requires vendors to                                       should be included in the burden                                                  over $3 million
                                                  report their total FSS sales each quarter,                                  estimates. Since recordkeeping and                                                The distribution of vendors by sales
                                                  Alternate I requires vendors to report                                      quality assurance are the largest burden                                        category is as follows:

                                                                                                                            FSS AND VENDORS BY SALES CATEGORY
                                                                                                                                                                                                                                     FSS vendors    FSS vendors
                                                                                                                                                                                                                                       (count)      (percentage)

                                                  Category     1   ...............................................................................................................................................................          4,217               34
                                                  Category     2   ...............................................................................................................................................................          4,020               33
                                                  Category     3   ...............................................................................................................................................................          2,768               23
                                                  Category     4   ...............................................................................................................................................................            970                8
                                                  Category     5   ...............................................................................................................................................................            279                2

                                                       Total ..................................................................................................................................................................            12,254          100.00
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                                                     1 The FSS Contract Sales Criteria clause requires                        unique Data Universal Numbering System (DUNS)                                   reflect the cost of performing commercial activities
                                                  vendors to have at least $25,000 in sales over the                          numbers, which are assigned to business entities.                               with government personnel. The standard cost
                                                  first two years of a contract and then $25,000/year                           3 The 36% overhead rate was used in reference
                                                                                                                                                                                                              factor for fringe benefits is 36.25%; GSA opted to
                                                  in sales for each year thereafter. Vendors that have                        Office of Management and Budget (OMB) Circular                                  round to the nearest whole number for the basis of
                                                  not satisfied the minimum sales requirement are                             No. A–76. Circular A–76 requires agencies to use                                its burden estimates.
                                                  subject to cancellation in accordance with GSAR                             standard cost factors to estimate certain costs of                                 4 Average quarterly sales volume was computed
                                                  clause 552.238–73 Cancellation.                                             government performance. These cost factors ensure
                                                     2 These are approximations based on FY2015                               that specific government costs are calculated in a                              by taking a vendor’s total annual sales volume and
                                                  data. The number of vendors equals the number of                            standard and consistent manner to reasonably                                    dividing it by 4. All sales data is from FY2015.



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                                                                                           Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices                                                                                    16213

                                                     Automated vs. Manual Reporting                                         compile the reportable data. An                                                 FSS vendors subject to this collection
                                                  Systems: Vendors subject to these                                         example of a manual system would be                                             reported $0 sales, while another 33
                                                  clauses must create systems or processes                                  an accountant reviewing invoices to                                             percent reported average quarterly sales
                                                  to produce and report accurate data.                                      identify the reportable data and then                                           between $1 and $60,000 per quarter.
                                                  Generally, vendors will use automated                                     transferring the findings to a                                                  However, as a vendor’s applicable
                                                  or manual systems to identify the                                         spreadsheet. In contrast to automation,                                         average quarterly sales increase, they
                                                  quarter’s reportable sales. An automated                                  a manual system requires relatively                                             will be increasingly likely to establish
                                                  system is one that relies on information                                  little setup time but the reporting effort                                      an automated system to reduce the
                                                  technology, such as an accounting                                         will generally increase with the                                                quarterly reporting burden.
                                                  system or data management software, to                                    vendor’s sales volume.                                                          Consequently, vendors with higher
                                                  identify and compile reportable data.                                        The likelihood of a vendor adopting                                          reportable sales will likely bear a higher
                                                  These systems can tremendously                                            an automated system increases with                                              setup burden to create an automated
                                                  streamline the reporting process but                                      their applicable sales volume. Vendors                                          system, or absorb a high quarterly
                                                  require upfront configuration to perform                                  with little to no reportable data are                                           reporting burden if they choose to rely
                                                  the tasks, such as coding the sales types                                 unlikely to expend the effort needed to                                         on manual reporting methods.
                                                  to be retrieved. Conversely, a manual                                     establish an automated reporting system                                            The following chart depicts the
                                                  system is one that incorporates little to                                 since it will be relatively easy to                                             likelihood of the population of vendors
                                                  no automation and instead relies on                                       identify and report a limited amount of                                         adopting manual and automated
                                                  personnel to manually identify and                                        data. In fiscal year 2015, 34 percent of                                        reporting systems:

                                                                                                                            VENDORS BY REPORTING SYSTEM TYPE
                                                                                                                                               [Manual vs. Automated]

                                                                                                                                                                                Manual                    Automated                Manual       Automated
                                                                                                                                                                                system                      system                 system        system
                                                                                                                                                                                (vendor                     (vendor                (vendor       (vendor
                                                                                                                                                                              percentage)                 percentage)               count)        count)

                                                  Category   1   .......................................................................................................                      100                            0          4,217            0
                                                  Category   2   .......................................................................................................                      100                            0          4,020            0
                                                  Category   3   .......................................................................................................                       90                           10          2,491          277
                                                  Category   4   .......................................................................................................                       50                           50            485          485
                                                  Category   5   .......................................................................................................                       10                           90             28          251

                                                       Total Vendor Count by System Type .......................................................                            ........................    ........................       11,241         1,013
                                                       Vendor Percentage by System Type .......................................................                             ........................    ........................         92%            8%



                                                     Initial Setup: Vendors with active FSS                                 vendor holding multiple contracts                                               automated) and by sales categories. GSA
                                                  contracts already have procedures in                                      subject to this rule will likely use a                                          estimates vendors using a manual
                                                  place to meet these longstanding                                          single reporting system.                                                        system will have average quarterly
                                                  reporting requirements. However, new                                        GSA estimates the average one-time                                            reporting times ranging from 15 minutes
                                                  FSS vendors will absorb a one-time                                        setup burden is 8 hours for vendors                                             (0.25 hours) per quarter for vendors
                                                  setup burden to establish reporting                                       with a manual system and 40 hours for                                           with $0 sales, to an average of 8 hours
                                                  systems. The estimated setup time                                         those with an automated system. GSA                                             per quarter for vendors with quarterly
                                                  varies between automated and manual                                       also attributes the same system type                                            sales over $3 million. On the other
                                                  reporting systems. Vendors                                                probabilities (manual system 92%,                                               hand, GSA projects vendors with
                                                  implementing a manual system must                                         automated system 8%) to the population                                          automated systems will have reporting
                                                  acclimate themselves with the new                                         of new vendors. These estimates apply
                                                                                                                                                                                                            times of 2 hours per quarter, irrespective
                                                  reporting requirements and train their                                    to the 819 vendors awarded FSS
                                                                                                                                                                                                            of quarterly sales volume, as a result of
                                                  staff as accordingly, while those with                                    contracts in fiscal year 2015.
                                                  automated systems must perform these                                        Quarterly Reporting: Vendors are                                              efficiencies achieved through automated
                                                  tasks in addition to configuring                                          required to report sales within 30                                              processes. The following table shows
                                                  information technology resources. GSA                                     calendar days after the end of each                                             GSA’s projected quarterly reporting
                                                  is attributing the setup burden by                                        quarter. The average reporting times                                            times per sales category and system
                                                  vendor, not by contracts, because a                                       vary by system type (manual or                                                  type.

                                                                                                  QUARTERLY REPORTING HOURS BY SYSTEM TYPE AND CATEGORY
                                                                                                                                                                                                                                   Manual       Automated
                                                                                                                                                                                                                                   systems       systems

                                                  Category   1   ...............................................................................................................................................................         0.25          2.00
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                                                  Category   2   ...............................................................................................................................................................         1.00          2.00
                                                  Category   3   ...............................................................................................................................................................         2.00          2.00
                                                  Category   4   ...............................................................................................................................................................         4.00          2.00
                                                  Category   5   ...............................................................................................................................................................         8.00          2.00




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                                                  16214                                Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices

                                                  Annualized Public Burden Estimates                                Obtaining Copies of Proposals:                           Description: States, including the
                                                    The burden estimates consist of                               Requesters may obtain a copy of the                      District of Columbia, tribes, tribal
                                                  quarterly reporting times for all 12,254                        information collection documents from                    organizations, and U.S. territories
                                                  participating vendors and a one-time                            the General Services Administration,                     applying for LIHEAP block grant funds
                                                  setup burden for the 819 new vendors:                           Regulatory Secretariat Division (MVCB),                  must, prior to receiving federal funds,
                                                                                                                  1800 F Street NW., Washington, DC                        submit an annual application (Model
                                                  Quarterly Reporting                                             20405, telephone 202–501–4755.                           Plan, ACF–122) that meets the LIHEAP
                                                     Annual Burden (Hours): 56,983.                                 Please cite OMB Control No. 3090–                      statutory and regulatory requirements.
                                                     Annual Burden (Cost): $3,874,817.                            0235, Price Reductions Clause, in all                    In addition to the Model Plan, grantees
                                                                                                                  correspondence.                                          are also required to complete the
                                                  Initial Setup                                                                                                            Mandatory Grant Application SF–424-
                                                                                                                     Dated: March 29, 2017.
                                                     Annual Burden (Hours): 8,718.                                Jeffrey A. Koses,
                                                                                                                                                                           Mandatory, which is the first section of
                                                     Annual Burden (Cost): $592,846.                                                                                       the Model Plan.
                                                                                                                  Director, Office of Acquisition Policy, Office
                                                                                                                  of Government-wide Policy.                                 The LIHEAP Model Plan is an
                                                  Total Information Collection Burden                                                                                      electronic form and is submitted to the
                                                                                                                  [FR Doc. 2017–06520 Filed 3–31–17; 8:45 am]
                                                     Number of Respondents: 12,254.                                                                                        Administration for Children and
                                                                                                                  BILLING CODE 6820–61–P
                                                     Response per Respondent: 4.                                                                                           Families (ACF), Office of Community
                                                     Total Annual Responses: 49, 016.                                                                                      Services (OCS) through the On-line Data
                                                     Hours per Response: 1.3404.                                                                                           Collection (OLDC) system within
                                                     Total Burden (Hours): 65,701.                                DEPARTMENT OF HEALTH AND                                 GrantSolutions, which is currently
                                                     Annual Burden (Cost): $4,467,663.                            HUMAN SERVICES                                           being used by all LIHEAP grantees to
                                                                                                                                                                           submit other required LIHEAP reporting
                                                  C. Public Comments                                              Administration for Children and                          forms. In order to reduce the reporting
                                                    Public comments are particularly                              Families                                                 burden, all data entries from each
                                                  invited on: Whether this collection of                          Proposed Information Collection                          grantee’s prior year’s submission of the
                                                  information is necessary and whether it                         Activity; Comment Request                                Model Plan in OLDC is saved and re-
                                                  will have practical utility; whether our                                                                                 populated (cloned) into the form for the
                                                  estimate of the public burden of this                             Proposed Projects:                                     following fiscal year’s application. OCS
                                                  collection of information is accurate,                            Title: Application Requirements for                    seeks renewal of this form without any
                                                  and based on valid assumptions and                              the Low Income Home Energy                               changes.
                                                  methodology; ways to enhance the                                Assistance Program (LIHEAP) Model                          Respondents: State, the District of
                                                  quality, utility, and clarity of the                            Plan.                                                    Columbia, U.S. Territories and Tribal
                                                  information to be collected.                                      OMB No.: 0970–0075.                                    governments.

                                                                                                                          ANNUAL BURDEN ESTIMATES
                                                                                                                                                                        Number of          Average
                                                                                                                                                    Number of                                           Total burden
                                                                                         Instrument                                                                   responses per      burden hours
                                                                                                                                                   respondents                                             hours
                                                                                                                                                                        respondent       per response

                                                  LIHEAP Detailed Model Plan ..................................................................        210                  1                0.50           105



                                                    Estimated Total Annual Burden                                 practical utility; (b) the accuracy of the               DEPARTMENT OF HEALTH AND
                                                  Hours (all respondents): 105.                                   agency’s estimate of the burden of the                   HUMAN SERVICES
                                                    In compliance with the requirements                           proposed collection of information; (c)
                                                  of Section 506(c)(2)(A) of the Paperwork                        the quality, utility, and clarity of the                 Health Resources and Services
                                                  Reduction Act of 1995, the                                      information to be collected; and (d)                     Administration
                                                  Administration for Children and                                 ways to minimize the burden of the
                                                  Families is soliciting public comment                                                                                    National Vaccine Injury Compensation
                                                                                                                  collection of information on                             Program; List of Petitions Received
                                                  on the specific aspects of the                                  respondents, including through the use
                                                  information collection described above.                         of automated collection techniques or                    AGENCY: Health Resources and Services
                                                  Copies of the proposed collection of                                                                                     Administration (HRSA), Department of
                                                                                                                  other forms of information technology.
                                                  information can be obtained and                                                                                          Health and Human Services (HHS).
                                                                                                                  Consideration will be given to
                                                  comments may be forwarded by writing                                                                                     ACTION: Notice.
                                                                                                                  comments and suggestions submitted
                                                  to the Administration for Children and
                                                  Families, Office of Planning, Research                          within 60 days of this publication.                      SUMMARY:   HRSA is publishing this
                                                  and Evaluation, 330 C Street SW.,                               Robert Sargis,                                           notice of petitions received under the
                                                  Washington, DC 20201. Attn: ACF                                 Reports Clearance Officer.                               National Vaccine Injury Compensation
                                                  Reports Clearance Officer. Email                                                                                         Program (the program), as required by
                                                                                                                  [FR Doc. 2017–06521 Filed 3–31–17; 8:45 am]
                                                  address: infocollection@acf.hhs.gov. All                                                                                 the Public Health Service (PHS) Act, as
                                                                                                                  BILLING CODE 4184–01–P
                                                  requests should be identified by the title                                                                               amended. While the Secretary of HHS is
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                                                  of the information collection.                                                                                           named as the respondent in all
                                                    The Department specifically requests                                                                                   proceedings brought by the filing of
                                                  comments on: (a) Whether the proposed                                                                                    petitions for compensation under the
                                                  collection of information is necessary                                                                                   program, the United States Court of
                                                  for the proper performance of the                                                                                        Federal Claims is charged by statute
                                                  functions of the agency, including                                                                                       with responsibility for considering and
                                                  whether the information shall have                                                                                       acting upon the petitions.


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Document Created: 2017-04-01 09:36:05
Document Modified: 2017-04-01 09:36:05
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 comments regarding an extension to an existing OMB clearance.
DatesSubmit comments on or before: May 3, 2017.
ContactMatthew McFarland, Senior Policy Advisor, GSA Acquisition Policy Division, at 202-690-9232, or [email protected]
FR Citation82 FR 16211 

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