82_FR_40746 82 FR 40582 - Information Collection; Certification of Independent Price Determination, Contractor Code of Business Ethics and Compliance, and Preventing Personal Conflicts of Interest

82 FR 40582 - Information Collection; Certification of Independent Price Determination, Contractor Code of Business Ethics and Compliance, and Preventing Personal Conflicts of Interest

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 82, Issue 164 (August 25, 2017)

Page Range40582-40583
FR Document2017-18095

Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division (MVCB) 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 certification of independent price determination and parent company and identifying data.

Federal Register, Volume 82 Issue 164 (Friday, August 25, 2017) 
[Federal Register Volume 82, Number 164 (Friday, August 25, 2017)]
[Notices]
[Pages 40582-40583]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18095]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0018; Docket 2017-0053; Sequence 1]


Information Collection; Certification of Independent Price 
Determination, Contractor Code of Business Ethics and Compliance, and 
Preventing Personal Conflicts of Interest

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice of request for public comments regarding a revision and 
extension to an existing OMB clearance.

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SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat Division (MVCB) 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 certification of independent price determination and parent 
company and identifying data.

DATES: Submit comments on or before October 24, 2017.

ADDRESSES: Submit comments identified by Information Collection 9000-
0018, Certification of Independent Price Determination and Parent 
Company and Identifying Data 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 9000-0018. Select the link ``Comment Now'' that 
corresponds with ``Information Collection 9000-0018, ``Certification of 
Independent Price Determination, Contractor Code of Business Ethics and 
Compliance, and Preventing Personal Conflicts of Interest.'' Follow the 
instructions provided on the screen. Please include your name, company 
name (if any), and ``Information Collection 9000-0018, ``Certification 
of Independent Price Determination, Contractor Code of Business Ethics 
and Compliance, and Preventing Personal Conflicts of Interest'' on your 
attached document.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. 
ATTN: Ms. Sosa/IC 9000-0018.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0018, in all correspondence related to this collection. 
Comments received generally will be posted without change to http://www.regulations.gov, including any personal and/or business 
confidential information provided. To confirm receipt of your 
comment(s), please check www.regulations.gov, approximately two to 
three days after submission to verify posting (except allow 30 days for 
posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement 
Analyst, Federal Acquisition Policy Division, GSA 202-219-0202 or 
[email protected].

SUPPLEMENTARY INFORMATION: 

A. Purpose

    This information collection requirement, OMB Control No. 9000-0018, 
currently titled ``Certification of Independent Price Determination and 
Parent Company and Identifying Data,'' is proposed to be retitled 
``Certification of Independent Price Determination, Contractor Code of 
Business Ethics and Compliance, and Preventing Personal Conflicts of 
Interest,'' due to consolidation with two additional currently approved 
information collection requirements: OMB Control No. 9000-0164, 
Contractor Business Ethics Compliance Program and Disclosure 
Requirements; and OMB Control No. 9000-0183, Preventing Personal 
Conflicts of Interest for Contractor Employees Performing Acquisition 
Functions.
    DoD, GSA and NASA analyzed the FY 2016 data from the Federal 
Procurement Data System (FPDS) to develop the estimated burden hours 
for this information collection.
    This information collection requirement pertains to information 
that an offeror contractor must submit in response to the requirements 
of the following provisions and clauses in FAR 52.203:
    1. Certification of Independent Price Determination (FAR 52.203-2). 
This clause requires the offeror to certify that the prices in the 
offer have been arrived at independently. Agencies are required to 
report under 41 U.S.C. 3101 (formerly 41 U.S.C. 252(b)(i)) and 10 
U.S.C. 2305(d) suspected violations of the antitrust laws (e.g., 
collusive bidding, identical bids, uniform estimating systems, etc.) to 
the Attorney General.
    As a first step in assuring that Government contracts are not 
awarded to firms violating such antitrust laws,

[[Page 40583]]

offerors on Government contracts must complete the certificate of 
independent price determination. An offer will not be considered for 
award where the certificate has been deleted or modified. Deletions or 
modifications of the certificate and suspected false certificates are 
reported to the Attorney General (see FAR 3.103-2 Evaluating the 
Certification).
    The information collection is required each time an offeror 
responds to a solicitation for firm-fixed price contract or fixed-price 
economic price adjustment contract unless the acquisition is: (1) Made 
under the simplified acquisition threshold; (2) at the request for 
technical proposals under two-step sealed bidding procedures; or (3) 
for utility services for which rates are set by law or regulation. The 
FAR rule requires a Certificate of Independent Price Determination so 
that contractors certify that the prices in their offer have been 
arrived at independently, have not been or will not be knowingly 
disclosed, and have not been submitted for the purpose of restricting 
competition. This clause does not apply to commercial items.
    2. Contractor Code of Business Ethics and Conduct (FAR 52.203-13). 
This clause implements Government policy and Public Law 110-252, Title 
VI (Close the Contractor Fraud Loophole Act). It requires contractors 
to notify the respective agency Office of Inspector General when the 
contractor has credible evidence that the contractor's principal, 
employee, agent, or subcontractor committed a violation of certain 
Federal criminal laws, or a violation of the Civil False Claims Act.
    The objective of the notification requirement is to emphasize the 
critical importance of integrity in contracting and reduce the 
occurrence of improper or criminal conduct in connection with the award 
and performance of Federal contracts and subcontracts. Information 
obtained from the notification requirements will be provided to the 
agency Inspector General by the contractor.
    3. Preventing Personal Conflicts of Interest (FAR 52.203-16). In 
accordance with 41 U.S.C. 2303, this clause requires contractors and 
subcontractors to: (a) Identify and prevent personal conflicts of 
interest of their covered employees; and (b) prohibit covered employees 
who have access to non-public information by reason of performance on a 
Government contract from using such information for personal gain. 
Contractors are required to notify contracting officers whenever they 
become aware of any personal conflict of interest violations by a 
covered employee. The objective of the notification requirement is to 
emphasize the critical importance of integrity in contracting and 
reduce the occurrence of improper or criminal conduct in connection 
with the award and performance of Federal contracts and subcontracts. 
Information obtained from the notification requirements will be 
provided to the agency Inspector General by the contractor. In 
addition, contractors have the opportunity, in exceptional 
circumstances, to request mitigation or waiver of the personal 
conflict-of-interest standards. The information is used by the 
Government to evaluate the requested mitigation/waiver.
    The information provided to and by contractors in accordance with 
the clause at FAR 52.203-16 is used by the contractor and the 
contracting officer to identify and mitigate personal conflicts of 
interest in compliance with Government policy to (a) identify and 
prevent personal conflicts of interest of covered employees; and (b) 
prohibit covered employees who have access to non-public information by 
reason of performance on a Government contract from using such 
information for personal gain (FAR 3.1102).

B. Annual Reporting Burden

    1. Certification of Independent Price Determination (FAR 52.203-2).
    Respondents: 24,270.
    Responses annually: 30.
    Total annual responses: 721,200.
    Estimated hrs/response: .25.
    Estimated total burden/hrs: 180,300.
     2. Contractor Code of Business Ethics and Conduct (FAR 52.203-13).
    Respondents: 278.
    Responses per respondent: 1.
    Total annual responses: 278.
    Preparation hours per response: 60.
    Total response burden hours: 16,680.
    3. Preventing Personal Conflicts of Interest (FAR 52.203-16).
    Respondents: 120.
    Responses per respondent: 1.
    Total responses: 120.
    Burden hours per response: 30.
    Total response burden hours: 3,600.
    Recordkeeping Burden:
    Number of recordkeepers: 8,598.
    Records per recordkeeper per year: 25.
    Total annual records: 214,950.
    Estimated hours per record: 2.0.
    Total recordkeeping burden hours: 429,900.
    4. Total (counting recordkeepers with respondents).
    Recordkeepers and respondents: 33,266.
    Responses: 721,598.
    Hours (reporting and recordkeeping): 707,862.

C. Public Comments

    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.
    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. ATTN: Ms. Sosa/IC 9000-0018, telephone 202-
501-4755.
    Please cite OMB Control No. 9000-0018, Certification of Independent 
Price Determination, Contractor Code of Business Ethics and Compliance, 
and Preventing Personal Conflicts of Interest, in all correspondence.

    Dated: August 22, 2017.
Lorin S. Curit,
Director, Federal Acquisition Policy Division, Office of Government-
Wide Acquisition Policy, Office of Acquisition Policy, Office of 
Government-Wide Policy.
[FR Doc. 2017-18095 Filed 8-24-17; 8:45 am]
 BILLING CODE 6820-EP-P

40582 Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Notices however, comments pertaining to a DEPARTMENT OF DEFENSE Instructions: Please submit comments particular meeting should be submitted only and cite Information Collection at least five (5) days prior to a specific GENERAL SERVICES 9000–0018, in all correspondence meeting. ADMINISTRATION related to this collection. Comments There will not be oral comments from received generally will be posted NATIONAL AERONAUTICS AND without change to http:// the public at the September 12, 2017 SPACE ADMINISTRATION www.regulations.gov, including any meeting. Individuals who wish to personal and/or business confidential submit written comments for the [OMB Control No. 9000–0018; Docket 2017– information provided. To confirm Commission’s consideration may do so 0053; Sequence 1] receipt of your comment(s), please by either of the following methods: check www.regulations.gov, Information Collection; Certification of • Regulations.gov: http:// Independent Price Determination, approximately two to three days after www.regulations.gov. Submit public Contractor Code of Business Ethics submission to verify posting (except comments or written statements via the and Compliance, and Preventing allow 30 days for posting of comments Federal eRulemaking portal by Personal Conflicts of Interest submitted by mail). searching for ‘‘Notice-MK–2017–03.’’ FOR FURTHER INFORMATION CONTACT: Ms. Select the link ‘‘Comment Now’’ that AGENCIES: Department of Defense (DOD), Cecelia L. Davis, Procurement Analyst, corresponds with ‘‘Notice–MK–2017– General Services Administration (GSA), Federal Acquisition Policy Division, 03.’’ Follow the instructions provided and National Aeronautics and Space GSA 202–219–0202 or cecelia.davis@ on the screen. Please include your Administration (NASA). gsa.gov. name, organization (if any), and ACTION: Notice of request for public SUPPLEMENTARY INFORMATION: ‘‘Notice-MK–2017–03’’ on your attached comments regarding a revision and document. Please note that any extension to an existing OMB clearance. A. Purpose information, including personal or SUMMARY: Under the provisions of the This information collection contact information, that you provide on Paperwork Reduction Act, the requirement, OMB Control No. 9000– the www.Regulations.gov comment form Regulatory Secretariat Division (MVCB) 0018, currently titled ‘‘Certification of or in an attachment will be publicly will be submitting to the Office of Independent Price Determination and disclosed as it is entered, searchable on Management and Budget (OMB) a Parent Company and Identifying Data,’’ the Internet, and included in any paper request to review and approve an is proposed to be retitled ‘‘Certification docket. extension of a currently approved of Independent Price Determination, Contractor Code of Business Ethics and • Mail: Public comments may also be information collection requirement Compliance, and Preventing Personal submitted via mail. Please address concerning certification of independent price determination and parent Conflicts of Interest,’’ due to public comments to: Mr. Ron Williams, consolidation with two additional Policy Advisor, Presidential Advisory company and identifying data. currently approved information Commission on Election Integrity, 1650 DATES: Submit comments on or before collection requirements: OMB Control Pennsylvania Avenue NW., Eisenhower October 24, 2017. No. 9000–0164, Contractor Business Executive Office Building (EEOB), Rm. ADDRESSES: Submit comments Ethics Compliance Program and 268, Washington, DC 20504. Please note identified by Information Collection Disclosure Requirements; and OMB that any written comments received via 9000–0018, Certification of Independent Control No. 9000–0183, Preventing mail will be uploaded to the docket on Price Determination and Parent Personal Conflicts of Interest for Regulations.gov, where they will be Company and Identifying Data by any of Contractor Employees Performing viewable in full by the public, including the following methods: Acquisition Functions. any personal or contact information. • Regulations.gov: http:// DoD, GSA and NASA analyzed the FY www.regulations.gov. Submit comments 2016 data from the Federal Procurement Written comments not received by via the Federal eRulemaking portal by Data System (FPDS) to develop the 5:00 p.m. Eastern Standard Time on searching the OMB control number estimated burden hours for this Friday, September 8, 2017 may be 9000–0018. Select the link ‘‘Comment information collection. submitted but will not be considered for Now’’ that corresponds with This information collection the meeting held on Tuesday, ‘‘Information Collection 9000–0018, requirement pertains to information that September 12, 2017. ‘‘Certification of Independent Price an offeror contractor must submit in Public comments may be submitted at Determination, Contractor Code of response to the requirements of the any time prior to the submission of the Business Ethics and Compliance, and following provisions and clauses in FAR Commission’s final report (timeframe to Preventing Personal Conflicts of 52.203: be determined); however, comments Interest.’’ Follow the instructions 1. Certification of Independent Price pertaining to a particular meeting provided on the screen. Please include Determination (FAR 52.203–2). This should be submitted at least five (5) your name, company name (if any), and clause requires the offeror to certify that days prior to a specific meeting. ‘‘Information Collection 9000–0018, the prices in the offer have been arrived ‘‘Certification of Independent Price at independently. Agencies are required Dated: August 18, 2017. Determination, Contractor Code of to report under 41 U.S.C. 3101 (formerly Allison Fahrenkopf Brigati, Business Ethics and Compliance, and sradovich on DSK3GMQ082PROD with NOTICES 41 U.S.C. 252(b)(i)) and 10 U.S.C. Associate Administrator, Office of Preventing Personal Conflicts of 2305(d) suspected violations of the Government-wide Policy. Interest’’ on your attached document. antitrust laws (e.g., collusive bidding, [FR Doc. 2017–17968 Filed 8–24–17; 8:45 am] • Mail: General Services identical bids, uniform estimating BILLING CODE 6820–14–P Administration, Regulatory Secretariat systems, etc.) to the Attorney General. Division (MVCB), 1800 F Street NW., As a first step in assuring that Washington, DC 20405. ATTN: Ms. Government contracts are not awarded Sosa/IC 9000–0018. to firms violating such antitrust laws, VerDate Sep<11>2014 17:40 Aug 24, 2017 Jkt 241001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\25AUN1.SGM 25AUN1

Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Notices 40583 offerors on Government contracts must employee. The objective of the C. Public Comments complete the certificate of independent notification requirement is to emphasize Public comments are particularly price determination. An offer will not be the critical importance of integrity in invited on: Whether this collection of considered for award where the contracting and reduce the occurrence information is necessary for the proper certificate has been deleted or modified. of improper or criminal conduct in performance of functions of the FAR, Deletions or modifications of the connection with the award and and whether it will have practical certificate and suspected false performance of Federal contracts and utility; whether our estimate of the certificates are reported to the Attorney subcontracts. Information obtained from public burden of this collection of General (see FAR 3.103–2 Evaluating the notification requirements will be information is accurate, and based on the Certification). provided to the agency Inspector valid assumptions and methodology; The information collection is required General by the contractor. In addition, ways to enhance the quality, utility, and each time an offeror responds to a contractors have the opportunity, in clarity of the information to be solicitation for firm-fixed price contract exceptional circumstances, to request collected; and ways in which we can or fixed-price economic price mitigation or waiver of the personal minimize the burden of the collection of adjustment contract unless the conflict-of-interest standards. The information on those who are to acquisition is: (1) Made under the information is used by the Government simplified acquisition threshold; (2) at respond, through the use of appropriate to evaluate the requested mitigation/ technological collection techniques or the request for technical proposals waiver. under two-step sealed bidding other forms of information technology. The information provided to and by Obtaining Copies of Proposals: procedures; or (3) for utility services for contractors in accordance with the Requesters may obtain a copy of the which rates are set by law or regulation. clause at FAR 52.203–16 is used by the information collection documents from The FAR rule requires a Certificate of contractor and the contracting officer to the General Services Administration, Independent Price Determination so that identify and mitigate personal conflicts contractors certify that the prices in Regulatory Secretariat Division (MVCB), of interest in compliance with 1800 F Street NW., Washington, DC their offer have been arrived at Government policy to (a) identify and independently, have not been or will 20405. ATTN: Ms. Sosa/IC 9000–0018, prevent personal conflicts of interest of telephone 202–501–4755. not be knowingly disclosed, and have covered employees; and (b) prohibit Please cite OMB Control No. 9000– not been submitted for the purpose of covered employees who have access to 0018, Certification of Independent Price restricting competition. This clause does non-public information by reason of Determination, Contractor Code of not apply to commercial items. performance on a Government contract 2. Contractor Code of Business Ethics Business Ethics and Compliance, and from using such information for Preventing Personal Conflicts of and Conduct (FAR 52.203–13). This personal gain (FAR 3.1102). clause implements Government policy Interest, in all correspondence. and Public Law 110–252, Title VI (Close B. Annual Reporting Burden Dated: August 22, 2017. the Contractor Fraud Loophole Act). It 1. Certification of Independent Price Lorin S. Curit, requires contractors to notify the Determination (FAR 52.203–2). Director, Federal Acquisition Policy Division, respective agency Office of Inspector Respondents: 24,270. Office of Government-Wide Acquisition General when the contractor has Responses annually: 30. Policy, Office of Acquisition Policy, Office credible evidence that the contractor’s Total annual responses: 721,200. of Government-Wide Policy. principal, employee, agent, or Estimated hrs/response: .25. [FR Doc. 2017–18095 Filed 8–24–17; 8:45 am] subcontractor committed a violation of Estimated total burden/hrs: 180,300. BILLING CODE 6820–EP–P certain Federal criminal laws, or a 2. Contractor Code of Business Ethics violation of the Civil False Claims Act. and Conduct (FAR 52.203–13). The objective of the notification Respondents: 278. DEPARTMENT OF HEALTH AND requirement is to emphasize the critical Responses per respondent: 1. HUMAN SERVICES importance of integrity in contracting Total annual responses: 278. and reduce the occurrence of improper Preparation hours per response: 60. Centers for Disease Control and or criminal conduct in connection with Total response burden hours: 16,680. Prevention the award and performance of Federal 3. Preventing Personal Conflicts of contracts and subcontracts. Information [30Day–17–0879] Interest (FAR 52.203–16). obtained from the notification Respondents: 120. Agency Forms Undergoing Paperwork requirements will be provided to the Responses per respondent: 1. Reduction Act Review agency Inspector General by the Total responses: 120. contractor. Burden hours per response: 30. The Centers for Disease Control and 3. Preventing Personal Conflicts of Total response burden hours: 3,600. Prevention (CDC) has submitted the Interest (FAR 52.203–16). In accordance Recordkeeping Burden: following information collection request with 41 U.S.C. 2303, this clause requires Number of recordkeepers: 8,598. to the Office of Management and Budget contractors and subcontractors to: (a) Records per recordkeeper per year: 25. (OMB) for review and approval in Identify and prevent personal conflicts Total annual records: 214,950. accordance with the Paperwork of interest of their covered employees; Estimated hours per record: 2.0. Reduction Act of 1995. The notice for and (b) prohibit covered employees who Total recordkeeping burden hours: the proposed information collection is have access to non-public information sradovich on DSK3GMQ082PROD with NOTICES 429,900. published to obtain comments from the by reason of performance on a 4. Total (counting recordkeepers with public and affected agencies. Government contract from using such respondents). Written comments and suggestions information for personal gain. Recordkeepers and respondents: from the public and affected agencies Contractors are required to notify 33,266. concerning the proposed collection of contracting officers whenever they Responses: 721,598. information are encouraged. Your become aware of any personal conflict Hours (reporting and recordkeeping): comments should address any of the of interest violations by a covered 707,862. following: (a) Evaluate whether the VerDate Sep<11>2014 17:40 Aug 24, 2017 Jkt 241001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\25AUN1.SGM 25AUN1


Document Created: 2018-10-24 12:42:05
Document Modified: 2018-10-24 12:42:05
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 public comments regarding a revision and extension to an existing OMB clearance.
DatesSubmit comments on or before October 24, 2017.
ContactMs. Cecelia L. Davis, Procurement Analyst, Federal Acquisition Policy Division, GSA 202-219-0202 or [email protected]
FR Citation82 FR 40582 
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