83 FR 2780 - Submission for OMB Review; 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 83, Issue 13 (January 19, 2018)

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 for revision and an extension of existing OMB clearances concerning certification of independent price determination and parent company and identifying data.

[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)]
[Notices]
[Pages 2780-2781]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00934]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

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


Submission for OMB Review; Certification of Independent Price 
Determination, Contractor Code of Business Ethics and Compliance, and 
Preventing Personal Conflicts of Interest

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

ACTION: Notice.

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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 for revision and an extension 
of existing OMB clearances concerning certification of independent 
price determination and parent company and identifying data.

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 9000-0018. 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. Mandell/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, 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

[[Page 2781]]

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). A notice was published in 
the Federal Register at 82 FR 40582 on August 25, 2017. No comments 
were received.

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, 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: January 16, 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. 2018-00934 Filed 1-18-18; 8:45 am]
 BILLING CODE 6820-EP-P