83_FR_2652 83 FR 2640 - Submission for OMB Review; OMB Circular A-119

83 FR 2640 - Submission for OMB Review; OMB Circular A-119

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 83, Issue 12 (January 18, 2018)

Page Range2640-2641
FR Document2018-00779

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 previously approved information collection requirement concerning OMB Circular A-119.

Federal Register, Volume 83 Issue 12 (Thursday, January 18, 2018)
[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Notices]
[Pages 2640-2641]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00779]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0153; Docket 2017-0053; Sequence 17]


Submission for OMB Review; OMB Circular A-119

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

ACTION: Notice.

-----------------------------------------------------------------------

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 previously approved information collection requirement 
concerning OMB Circular A-119.

DATES: Submit comments on or before February 20, 2018.

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 9000-0153. Select the link ``Comment Now'' that 
corresponds with ``Information Collection 9000-0153, OMB Circular A-
119''. Follow the instructions provided on the screen. Please include 
your name, company name (if any), and ``Information Collection 9000-
0153, OMB Circular A-119'' on your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405. 
ATTN: Ms. Mandell/IC 9000-0153, OMB Circular A-119.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0153, OMB Circular A-119, 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: Mr. Michael O. Jackson, Procurement 
Analyst, Acquisition Policy Division, GSA 202-208-4949 or email 
[email protected].

SUPPLEMENTARY INFORMATION: 

A. Purpose

    A revised OMB Circular A-119, ``Federal Participation in the 
Development and Use of Voluntary Consensus Standards and in Conformity 
Assessment Activities,'' was published at https://www.nist.gov/sites/default/files/revised_circular_a-119_as_of_01-22-2016.pdf, on January 
22, 2016. FAR Subparts 11.1 and 11.2 were revised and a solicitation 
provision was added at 52.211-7, Alternatives to Government-Unique 
Standards, to implement the requirements of the revised OMB

[[Page 2641]]

circular. If an alternative standard is proposed, the offeror must 
furnish data and/or information regarding the alternative in sufficient 
detail for the Government to determine if it meets the Government's 
requirements.
    We believe the burden for FAR 52.211-7 to be negative, as it is 
purely a permissive means for offerors to propose reducing regulatory 
burden on a given solicitation. There are other places A-119 has an 
effect, though we believe these to be positive. One is by enabling the 
single process initiative. Another is the general replacement of Mil 
standards with commercial standards, e.g., ISO 9000. Also, A-119 is the 
basis for the language in FAR 53.105, which reduces the chaos in data 
standards development. The whole purpose of A-119 was to reduce 
regulatory burden by promoting the use of industry standards in lieu of 
federal ones.
    To the extent that the data on the annual frequency of the use of 
voluntary consensus standards under FAR 52.211-7 is not available, we 
believe 100 is reasonable. As an aside, FAR part 45 recognizes the use 
of voluntary consensus standards in the management of Government 
property. However, in these cases, there is no Government standard per 
se, with the voluntary consensus standard serving as the Government 
standard. Consequently, when under part 45 voluntary consensus 
standards are used, they are not an alternative to a Government 
standard under FAR 52.211-7.
    This collection implements OMB Circular A-119, Federal 
Participation in the Development and Use of Voluntary Consensus 
Standards. FAR solicitation provision 52.211-7, Alternatives to 
Government-Unique Standards, is the collection instrument. We have 
previously indicated that ``to the extent that the data on the annual 
frequency of the use of voluntary consensus standards under FAR 52.211-
7 is not available, we believe that 100 is reasonable.'' This is the 
number that has been reported since the inception of this PRA 
collection, which indicates that revised data has been consistently 
unavailable since responses are provided to contracting personnel at 
the local level in response to a local solicitation. We checked the 
FPDS data dictionary and there are no codes to flag data fields or 
provide a count of when Mil standards are used in solicitations/
contracts. Considering the lack of FPDS or other data, we recommend 
continuing the PRA coverage at the current level.

B. Public Comment

    A 60 day notice was published in the Federal Register at 82 FR 
51256, on November 3, 2017. One comment was received; however, it was 
not substantive, and did not change the estimate of the burden.

C. Annual Reporting Burden

    Respondents: 100.
    Responses per Respondent: 1.
    Total Responses: 100.
    Hours per Response: 1.
    Total Burden Hours: 100.
    Affected Public: Businesses or other for-profit and not-for-profit.
    Respondent's Obligation: Required to obtain or retain benefits.
    Reporting Frequency: On occasion.
    Obtaining Copies of Proposals: Requesters may obtain a copy of the 
information collection documents from the General Services 
Administration, Regulatory Secretariat Division (MVCB), 1800 F Street 
NW, Washington, DC 20405, telephone 202-501-4755. Please cite OMB 
Control No. 9000-0153, OMB Circular A-119, in all correspondence.

    Dated: January 12, 2018.
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. 2018-00779 Filed 1-17-18; 8:45 am]
 BILLING CODE 6820-EP-P



                                                2640                         Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Notices

                                                Additionally submit a copy to GSA by                    FR 51257 on November 3, 2017. No                       will be submitting to the Office of
                                                any of the following methods:                           comments were received.                                Management and Budget (OMB) a
                                                   • Regulations.gov: http://                                                                                  request to review and approve an
                                                                                                        B. Annual Reporting Burden
                                                www.regulations.gov. Submit comments                                                                           extension of a previously approved
                                                via the Federal eRulemaking portal by                      Time required to read, prepare, and                 information collection requirement
                                                searching the OMB Control number                        record information is estimated at 2.73                concerning OMB Circular A–119.
                                                9000–0047. Select the link ‘‘Comment                    minutes per completion. The Federal                    DATES: Submit comments on or before
                                                Now’’ that corresponds with                             Procurement Data System (FPDS) shows                   February 20, 2018.
                                                ‘‘Information Collection 9000–0047,                     that for fiscal year 2016, there were                  ADDRESSES: Submit comments regarding
                                                Place of Performance’’. Follow the                      1,960,218 solicitations that would have                this burden estimate or any other aspect
                                                instructions provided on the screen.                    contained the two provisions (including                of this collection of information,
                                                Please include your name, company                       contracts and orders, excluding                        including suggestions for reducing this
                                                name (if any), and ‘‘Information                        modifications) for manufacturing in the                burden to: Office of Information and
                                                Collection 9000–0047 Place of                           United States. The 1,960,218 actions                   Regulatory Affairs of OMB, Attention:
                                                Performance’’ on your attached                          will be used as the new basis for total                Desk Officer for GSA, Room 10236,
                                                document.                                               annual responses.                                      NEOB, Washington, DC 20503.
                                                   • Mail: General Services                                Respondents: 16,754.                                Additionally submit a copy to GSA by
                                                Administration, Regulatory Secretariat                     Responses per Respondent: 117.
                                                                                                                                                               any of the following methods:
                                                Division (MVCB) 1800 F Street NW,                          Total Responses: 1,960,218.                            • Regulations.gov: http://
                                                Washington, DC 20405. ATTN: Ms.                            Hours per Response: .0455.
                                                                                                                                                               www.regulations.gov.
                                                Mandell/IC 9000–0047, Place of                             Total Burden Hours: 89,190.                            Submit comments via the Federal
                                                Performance.                                               Affected Public: Businesses or other
                                                                                                                                                               eRulemaking portal by searching the
                                                   Instructions: Please submit comments                 for-profit and not-for-profit.
                                                                                                                                                               OMB control number 9000–0153. Select
                                                only and cite Information Collection                       Respondent’s Obligation: Required to
                                                                                                                                                               the link ‘‘Comment Now’’ that
                                                9000–0047 Place of Performance, in all                  obtain or retain benefits.
                                                                                                                                                               corresponds with ‘‘Information
                                                correspondence related to this                             Type of Request: Revision of a
                                                                                                                                                               Collection 9000–0153, OMB Circular A–
                                                collection. All comments received will                  currently approved collection.
                                                                                                           Reporting Frequency: On occasion.                   119’’. Follow the instructions provided
                                                be posted without change to http://                                                                            on the screen. Please include your
                                                                                                           Obtaining Copies of Proposals:
                                                www.regulations.gov, including any                                                                             name, company name (if any), and
                                                                                                        Requesters may obtain a copy of the
                                                personal and/or business confidential                                                                          ‘‘Information Collection 9000–0153,
                                                                                                        information collection documents from
                                                information provided.                                                                                          OMB Circular A–119’’ on your attached
                                                                                                        the General Services Administration,
                                                FOR FURTHER INFORMATION CONTACT: Mr.                    Regulatory Secretariat Division (MVCB),                document.
                                                Michael O. Jackson, Procurement                                                                                   • Mail: General Services
                                                                                                        1800 F Street NW, Washington, DC
                                                Analyst, Acquisition Policy Division at                                                                        Administration, Regulatory Secretariat
                                                                                                        20405, telephone 202–501–4755. Please
                                                202–208–4949 or email                                                                                          Division (MVCB), 1800 F Street NW,
                                                                                                        cite OMB Control No. 9000–0047, Place
                                                michaelo.jackson@gsa.gov.                                                                                      Washington, DC 20405. ATTN: Ms.
                                                                                                        of Performance, in all correspondence.
                                                                                                                                                               Mandell/IC 9000–0153, OMB Circular
                                                A. Purpose                                                 Dated: January 12, 2018.                            A–119.
                                                   The information relative to the place                Lorin S. Curit,                                           Instructions: Please submit comments
                                                of performance and owner of plant or                    Director, Federal Acquisition Policy Division,         only and cite Information Collection
                                                facility, if other than the prospective                 Office of Government-wide Acquisition                  9000–0153, OMB Circular A–119, in all
                                                contractor, is a basic requirement when                 Policy, Office of Acquisition Policy, Office           correspondence related to this
                                                                                                        of Government-wide Policy.                             collection. All comments received will
                                                contracting for supplies or services
                                                (including construction). A prospective                 [FR Doc. 2018–00778 Filed 1–17–18; 8:45 am]            be posted without change to http://
                                                contractor must affirmatively                           BILLING CODE 6820–EP–P                                 www.regulations.gov, including any
                                                demonstrate its responsibility. Hence,                                                                         personal and/or business confidential
                                                the Government must be apprised of                                                                             information provided.
                                                this information prior to award. The                    DEPARTMENT OF DEFENSE                                  FOR FURTHER INFORMATION CONTACT: Mr.
                                                contracting officer must know the place                 GENERAL SERVICES                                       Michael O. Jackson, Procurement
                                                of performance and the owner of the                     ADMINISTRATION                                         Analyst, Acquisition Policy Division,
                                                plant or facility to (1) determine bidder                                                                      GSA 202–208–4949 or email
                                                responsibility; (2) determine price                     NATIONAL AERONAUTICS AND                               michaelo.jackson@gsa.gov.
                                                reasonableness; (3) conduct plant or                    SPACE ADMINISTRATION                                   SUPPLEMENTARY INFORMATION:
                                                source inspections; and (4) determine
                                                whether the prospective contractor is a                 [OMB Control No. 9000–0153; Docket 2017–               A. Purpose
                                                manufacturer or a regular dealer.                       0053; Sequence 17]                                        A revised OMB Circular A–119,
                                                   The information is used to determine                                                                        ‘‘Federal Participation in the
                                                                                                        Submission for OMB Review; OMB
                                                the prospective contractor’s eligibility                                                                       Development and Use of Voluntary
                                                                                                        Circular A–119
                                                for awards and to assure proper                                                                                Consensus Standards and in Conformity
                                                preparation of the contract. Prospective                AGENCY: Department of Defense (DOD),                   Assessment Activities,’’ was published
                                                contractors are only required to submit                                                                        at https://www.nist.gov/sites/default/
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        General Services Administration (GSA),
                                                place of performance information on an                  and National Aeronautics and Space                     files/revised_circular_a-119_as_of_01-
                                                exceptional basis; that is, whenever the                Administration (NASA).                                 22-2016.pdf, on January 22, 2016. FAR
                                                place of performance for a specific                     ACTION: Notice.                                        Subparts 11.1 and 11.2 were revised and
                                                solicitation is different from the address                                                                     a solicitation provision was added at
                                                of the prospective contractor as                        SUMMARY:  Under the provisions of the                  52.211–7, Alternatives to Government-
                                                indicated in the proposal. A notice was                 Paperwork Reduction Act, the                           Unique Standards, to implement the
                                                published in the Federal Register at 82                 Regulatory Secretariat Division (MVCB)                 requirements of the revised OMB


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                                                                             Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Notices                                            2641

                                                circular. If an alternative standard is                 B. Public Comment                                      the timeframe prescribed by regulation.
                                                proposed, the offeror must furnish data                   A 60 day notice was published in the                 Kincaid submitted a request for hearing
                                                and/or information regarding the                        Federal Register at 82 FR 51256, on                    but failed to file with the Agency
                                                alternative in sufficient detail for the                November 3, 2017. One comment was                      information and analysis sufficient to
                                                Government to determine if it meets the                 received; however, it was not                          create a basis for a hearing.
                                                Government’s requirements.                              substantive, and did not change the                    DATES: This order is applicable January
                                                   We believe the burden for FAR                        estimate of the burden.                                18, 2018.
                                                52.211–7 to be negative, as it is purely                                                                       ADDRESSES: Any application by Kincaid
                                                                                                        C. Annual Reporting Burden
                                                a permissive means for offerors to                                                                             for special termination of debarment
                                                propose reducing regulatory burden on                      Respondents: 100.                                   under section 306(d) of the FD&C Act
                                                a given solicitation. There are other                      Responses per Respondent: 1.                        (application) may be submitted as
                                                places A–119 has an effect, though we                      Total Responses: 100.                               follows:
                                                believe these to be positive. One is by                    Hours per Response: 1.
                                                                                                           Total Burden Hours: 100.                            Electronic Submissions
                                                enabling the single process initiative.
                                                Another is the general replacement of                      Affected Public: Businesses or other                   • Federal eRulemaking Portal:
                                                Mil standards with commercial                           for-profit and not-for-profit.                         https://www.regulations.gov. Follow the
                                                standards, e.g., ISO 9000. Also, A–119 is                  Respondent’s Obligation: Required to                instructions for submitting comments.
                                                the basis for the language in FAR                       obtain or retain benefits.                             An application submitted electronically,
                                                53.105, which reduces the chaos in data                    Reporting Frequency: On occasion.                   including attachments, to https://
                                                standards development. The whole                           Obtaining Copies of Proposals:                      www.regulations.gov will be posted to
                                                purpose of A–119 was to reduce                          Requesters may obtain a copy of the                    the docket unchanged. Because your
                                                regulatory burden by promoting the use                  information collection documents from                  application will be made public, you are
                                                of industry standards in lieu of federal                the General Services Administration,                   solely responsible for ensuring that your
                                                ones.                                                   Regulatory Secretariat Division (MVCB),                application does not include any
                                                                                                        1800 F Street NW, Washington, DC                       confidential information that you or a
                                                   To the extent that the data on the                   20405, telephone 202–501–4755. Please                  third party may not wish to be posted,
                                                annual frequency of the use of voluntary                cite OMB Control No. 9000–0153, OMB                    such as medical information, your or
                                                consensus standards under FAR 52.211–                   Circular A–119, in all correspondence.                 anyone else’s Social Security number, or
                                                7 is not available, we believe 100 is                                                                          confidential business information, such
                                                                                                           Dated: January 12, 2018.
                                                reasonable. As an aside, FAR part 45                                                                           as a manufacturing process. Please note
                                                recognizes the use of voluntary                         Lorin S. Curit,
                                                                                                        Director, Federal Acquisition Policy Division,         that if you include your name, contact
                                                consensus standards in the management                                                                          information, or other information that
                                                of Government property. However, in                     Office of Government-wide Acquisition
                                                                                                        Policy, Office of Acquisition Policy, Office           identifies you in the body of your
                                                these cases, there is no Government                                                                            application, that information will be
                                                                                                        of Government-wide Policy.
                                                standard per se, with the voluntary                                                                            posted on https://www.regulations.gov.
                                                                                                        [FR Doc. 2018–00779 Filed 1–17–18; 8:45 am]
                                                consensus standard serving as the                                                                                 • If you want to submit an
                                                                                                        BILLING CODE 6820–EP–P
                                                Government standard. Consequently,                                                                             application with confidential
                                                when under part 45 voluntary                                                                                   information that you do not wish to be
                                                consensus standards are used, they are                                                                         made available to the public, submit the
                                                not an alternative to a Government                      DEPARTMENT OF HEALTH AND
                                                                                                        HUMAN SERVICES                                         application as a written/paper
                                                standard under FAR 52.211–7.                                                                                   submission and in the manner detailed
                                                   This collection implements OMB                       Food and Drug Administration                           (see ‘‘Written/Paper Submissions’’ and
                                                Circular A–119, Federal Participation in                                                                       ‘‘Instructions’’).
                                                the Development and Use of Voluntary                    [Docket No. FDA–2015–N–0890]
                                                Consensus Standards. FAR solicitation                                                                          Written/Paper Submissions
                                                                                                        William Ralph Kincaid; Denial of
                                                provision 52.211–7, Alternatives to                                                                               Submit written/paper submissions as
                                                                                                        Hearing; Final Debarment Order
                                                Government-Unique Standards, is the                                                                            follows:
                                                collection instrument. We have                          AGENCY:    Food and Drug Administration,                  • Mail/Hand delivery/Courier (for
                                                previously indicated that ‘‘to the extent               HHS.                                                   written/paper submissions): Dockets
                                                that the data on the annual frequency of                ACTION:   Notice.                                      Management Staff (HFA–305), Food and
                                                the use of voluntary consensus                                                                                 Drug Administration, 5630 Fishers
                                                standards under FAR 52.211–7 is not                     SUMMARY:   The Food and Drug                           Lane, Rm. 1061, Rockville, MD 20852.
                                                available, we believe that 100 is                       Administration (FDA or the Agency) is                     • For a written/paper application
                                                reasonable.’’ This is the number that has               denying William Ralph Kincaid’s                        submitted to the Dockets Management
                                                been reported since the inception of this               (Kincaid’s) request for a hearing and is               Staff, FDA will post your application, as
                                                PRA collection, which indicates that                    issuing an order under the Federal                     well as any attachments, except for
                                                revised data has been consistently                      Food, Drug, and Cosmetic Act (FD&C                     information submitted, marked and
                                                unavailable since responses are                         Act) permanently debarring Kincaid                     identified, as confidential, if submitted
                                                provided to contracting personnel at the                from providing services in any capacity                as detailed in ‘‘Instructions.’’
                                                local level in response to a local                      to a person that has an approved or                       Instructions: Your application must
                                                solicitation. We checked the FPDS data                  pending drug product application. FDA                  include the Docket No. FDA–2015–N–
sradovich on DSK3GMQ082PROD with NOTICES




                                                dictionary and there are no codes to flag               bases this order on a finding that                     0890. An application will be placed in
                                                data fields or provide a count of when                  Kincaid was convicted of a felony under                the docket and, unless submitted as
                                                Mil standards are used in solicitations/                Federal law for conduct relating to the                ‘‘Confidential Submissions,’’ publicly
                                                contracts. Considering the lack of FPDS                 regulation of a drug product under the                 viewable at https://www.regulations.gov
                                                or other data, we recommend                             FD&C Act. Kincaid was given notice of                  or at the Dockets Management Staff
                                                continuing the PRA coverage at the                      the proposed debarment and an                          between 9 a.m. and 4 p.m., Monday
                                                current level.                                          opportunity to request a hearing within                through Friday.


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Document Created: 2018-01-18 00:42:16
Document Modified: 2018-01-18 00:42:16
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.
DatesSubmit comments on or before February 20, 2018.
ContactMr. Michael O. Jackson, Procurement Analyst, Acquisition Policy Division, GSA 202-208-4949 or email [email protected]
FR Citation83 FR 2640 

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