83 FR 62321 - Submission for OMB Review; Subcontract Consent and Contractors' Purchasing System Review
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 83, Issue 232 (December 3, 2018)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 83, Issue 232 (December 3, 2018)
| Page Range | 62321-62322 | |
| FR Document | 2018-26165 |
[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)] [Notices] [Pages 62321-62322] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26165] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000-0149; Docket No. 2018-0003; Sequence No. 16] Submission for OMB Review; Subcontract Consent and Contractors' Purchasing System Review 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 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 consent to subcontract, advance notification, and Contractors' purchasing system review. DATES: Submit comments on or before January 2, 2019. 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:Federal eRulemaking Portal: This website provides the ability to type short comments directly into the comment field or attach a file for lengthier comments. Go to http://www.regulations.gov and follow the instructions on the site. Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405. ATTN: Ms. Mandell/IC 9000-0149, Subcontract Consent and Contractors' Purchasing System Review. Instructions: All items submitted must cite Information Collection 9000-0149, Subcontract Consent and Contractors' Purchasing System Review. 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. Mahruba Uddowla, Procurement Analyst, at telephone 703-605-2868, or email [email protected]. SUPPLEMENTARY INFORMATION: A. Purpose This information collection requirement, OMB Control No. 9000-0149, currently titled ``Subcontract Consent,'' is proposed to be retitled ``Subcontract Consent and Contractors' Purchasing System Review,'' due to consolidation with currently approved information collection requirement OMB Control No. 9000-0132, Contractors' Purchasing System Review. This clearance covers the information that a contractor must submit to comply with the requirements in Federal Acquisition Regulation (FAR) 52.244-2, Subcontracts, regarding consent to subcontract, advance notification, and Contractors' purchasing system review as follows: 1. Consent to subcontract. This is the contracting officer's written consent for the prime contractor to enter into a particular subcontract. In order for the contracting officer responsible for consent to make an informed decision, the prime contractor must submit adequate information to ensure that the proposed subcontract is appropriate for the risks involved and consistent with current policy and sound business judgment. The review allows the Government to determine whether the contractor's purchasing policies and practices are efficient and adequately protect the Government's interests. If the contractor has an approved purchasing system, consent is required for subcontracts specifically identified by the contracting officer in the subcontracts clause of the contract. The contracting officer may require consent to subcontract if the contracting officer has determined that an individual consent action is required to protect the Government adequately because of the subcontract type, complexity, or value, or because the subcontract needs special surveillance. These can be subcontracts for critical systems, subsystems, components, or services. If the contractor does not have an approved purchasing system, consent to subcontract is required for cost-reimbursement, time-and- materials, labor-hour, or letter contracts, and also for unpriced actions under fixed-price contracts that exceed the simplified acquisition threshold. 2. Advance notification. Prime contractors must provide contracting officers notification before the award of any cost-plus-fixed-fee subcontract, or certain fixed-price subcontracts. This requirement for advance notification is driven by statutory requirements in 10 U.S.C. 2306 and 41 U.S.C. 3905. 3. Contractors' Purchasing System Review. The objective of a contractor purchasing system review (CPSR), is to evaluate the efficiency and effectiveness with which a contractor spends Government funds and complies with Government policy when subcontracting. Paragraph (i) of FAR clause 52.244-2 specifies that the Government reserves the right to review the contractor's purchasing system as set forth in FAR subpart 44.3. FAR 44.302 requires the administrative contracting officer (ACO) to determine the need for a CPSR based on, but not limited to, the past performance of the contractor, and the volume, complexity and dollar value of subcontracts. If a contractor's sales to the Government (excluding competitively awarded firm-fixed- price and competitively awarded fixed-price with economic price adjustment contracts and sales of commercial items pursuant to Part 12) are expected to exceed $25 million during the next 12 months, the ACO will perform a review to determine if a CPSR is needed. Sales include those represented by prime contracts, subcontracts under [[Page 62322]] Government prime contracts, and modifications. Generally, a CPSR is not performed for a specific contract. The head of the agency responsible for contract administration may raise or lower the $25 million review level if it is considered to be in the Government's best interest. Once an initial determination has been made to conduct a review, at least every three years the ACO shall determine whether a purchasing system review is necessary. If necessary, the cognizant contract administration office will conduct a purchasing system review. A CPSR provides the administrative contracting officer (ACO) a basis for granting, withholding, or withdrawing approval of a contractor's purchasing system. An approved purchasing system allows the contractor more autonomy in subcontracting actions. Without an approved purchasing system more Government oversight is necessary, and Government consent to subcontract is required. Generally, a CPSR is not performed for a specific contract. Rather, CPSRs are conducted on contractors based on the factors identified above. The cognizant ACO is responsible for granting, withholding, or withdrawing approval of a contractor's purchasing system and for promptly notifying the contractor of same (FAR 44.305-1). Related administrative requirements are as follows: FAR 44.305-2(c) requires that when recommendations are made for improvement of an approved system, the contractor shall be requested to reply within 15 days with a position regarding the recommendations. FAR 44.305-3(b) requires when approval of the contractor's purchasing system is withheld or withdrawn, the ACO shall within 10 days after completing the in-plant review (1) inform the contractor in writing, (2) specify the deficiencies that must be corrected to qualify the system for approval, and (3) request the contractor to furnish within 15 days a plan for accomplishing the necessary actions. If the plan is accepted, the ACO shall make a follow-up review as soon as the contractor notifies the ACO that the deficiencies have been corrected. B. Public Comment A notice was published in the Federal Register at 83 FR 42651, on August 23, 2018. No comments were received. C. Annual Reporting Burden The burden estimates provided in the notice published in the Federal Register at 83 FR 42651, on August 23, 2018, have been adjusted to reflect current, relevant data and appropriate methodology. 1. Consent to subcontract. Respondents: 2,053. Responses per Respondent: 3. Total Annual Responses: 6,159. Hours per Response: 3. Total Burden Hours: 18,477. 2. Advance notification. Respondents: 1,336. Responses per Respondent: 3. Total Annual Responses: 4,008. Hours per Response: 0.25. Total Burden Hours: 1,002. 3. Contractors' Purchasing System Review. Respondents: 240. Responses per Respondent: 1. Total Annual Responses: 240. Hours per Response: 160. Total Burden Hours: 38,400. 4. Summary. Respondents: 3,629. Total Annual Responses: 10,407. Total Burden Hours: 57,879. Affected Public: Businesses or other for-profit and not-for-profit institutions. Obtaining Copies: 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- 0149, Subcontract Consent and Contractors' Purchasing System Review, in all correspondence. Dated: November 27, 2018. Janet Fry, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2018-26165 Filed 11-30-18; 8:45 am] BILLING CODE 6820-EP-P
![Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices 62321
notices are set forth in paragraph 7 of burden to: Office of Information and proposed subcontract is appropriate for
the Act (12 U.S.C. 1817(j)(7)). Regulatory Affairs of OMB, Attention: the risks involved and consistent with
The notices are available for Desk Officer for GSA, Room 10236, current policy and sound business
immediate inspection at the Federal NEOB, Washington, DC 20503. judgment. The review allows the
Reserve Bank indicated. The notices Additionally submit a copy to GSA by Government to determine whether the
also will be available for inspection at any of the following methods: contractor’s purchasing policies and
the offices of the Board of Governors. • Federal eRulemaking Portal: This practices are efficient and adequately
Interested persons may express their website provides the ability to type protect the Government’s interests.
views in writing to the Reserve Bank short comments directly into the If the contractor has an approved
indicated for that notice or to the offices comment field or attach a file for purchasing system, consent is required
of the Board of Governors. Comments lengthier comments. Go to http:// for subcontracts specifically identified
must be received not later than www.regulations.gov and follow the by the contracting officer in the
December 19, 2018. instructions on the site. subcontracts clause of the contract. The
A. Federal Reserve Bank of Kansas • Mail: General Services contracting officer may require consent
City (Dennis Denney, Assistant Vice Administration, Regulatory Secretariat to subcontract if the contracting officer
President) 1 Memorial Drive, Kansas Division (MVCB), 1800 F Street NW, has determined that an individual
City, Missouri 64198–0001: Washington, DC 20405. ATTN: Ms. consent action is required to protect the
1. Jane Chance, Fowler, Kansas, Mandell/IC 9000–0149, Subcontract Government adequately because of the
Trustee of the Lynn and Jane Chance Consent and Contractors’ Purchasing subcontract type, complexity, or value,
Revocable Trust; to acquire voting System Review. or because the subcontract needs special
shares of FSB Bankshares, Inc., and Instructions: All items submitted surveillance. These can be subcontracts
thereby indirectly acquire Fowler State must cite Information Collection 9000– for critical systems, subsystems,
Bank, Fowler, Kansas. 0149, Subcontract Consent and components, or services.
Contractors’ Purchasing System Review. If the contractor does not have an
Board of Governors of the Federal Reserve
System, November 28, 2018. Comments received generally will be approved purchasing system, consent to
posted without change to http:// subcontract is required for cost-
Yao-Chin Chao,
www.regulations.gov, including any reimbursement, time-and-materials,
Assistant Secretary of the Board. labor-hour, or letter contracts, and also
[FR Doc. 2018–26192 Filed 11–30–18; 8:45 am]
personal and/or business confidential
information provided. To confirm for unpriced actions under fixed-price
BILLING CODE P
receipt of your comment(s), please contracts that exceed the simplified
check www.regulations.gov, acquisition threshold.
2. Advance notification. Prime
approximately two to three days after
DEPARTMENT OF DEFENSE contractors must provide contracting
submission to verify posting (except
officers notification before the award of
GENERAL SERVICES allow 30 days for posting of comments
any cost-plus-fixed-fee subcontract, or
ADMINISTRATION submitted by mail).
certain fixed-price subcontracts. This
FOR FURTHER INFORMATION CONTACT: Ms. requirement for advance notification is
NATIONAL AERONAUTICS AND Mahruba Uddowla, Procurement driven by statutory requirements in 10
SPACE ADMINISTRATION Analyst, at telephone 703–605–2868, or U.S.C. 2306 and 41 U.S.C. 3905.
email mahruba.uddowla@gsa.gov. 3. Contractors’ Purchasing System
[OMB Control No. 9000–0149; Docket No.
2018–0003; Sequence No. 16] SUPPLEMENTARY INFORMATION: Review. The objective of a contractor
purchasing system review (CPSR), is to
A. Purpose
Submission for OMB Review; evaluate the efficiency and effectiveness
Subcontract Consent and Contractors’ This information collection with which a contractor spends
Purchasing System Review requirement, OMB Control No. 9000– Government funds and complies with
0149, currently titled ‘‘Subcontract Government policy when
AGENCY: Department of Defense (DOD), Consent,’’ is proposed to be retitled subcontracting.
General Services Administration (GSA), ‘‘Subcontract Consent and Contractors’ Paragraph (i) of FAR clause 52.244–2
and National Aeronautics and Space Purchasing System Review,’’ due to specifies that the Government reserves
Administration (NASA). consolidation with currently approved the right to review the contractor’s
ACTION: Notice. information collection requirement purchasing system as set forth in FAR
OMB Control No. 9000–0132, subpart 44.3. FAR 44.302 requires the
SUMMARY: Under the provisions of the Contractors’ Purchasing System Review. administrative contracting officer (ACO)
Paperwork Reduction Act, the This clearance covers the information to determine the need for a CPSR based
Regulatory Secretariat Division will be that a contractor must submit to comply on, but not limited to, the past
submitting to the Office of Management with the requirements in Federal performance of the contractor, and the
and Budget (OMB) a request to review Acquisition Regulation (FAR) 52.244–2, volume, complexity and dollar value of
and approve an extension of a Subcontracts, regarding consent to subcontracts. If a contractor’s sales to
previously approved information subcontract, advance notification, and the Government (excluding
collection requirement concerning Contractors’ purchasing system review competitively awarded firm-fixed-price
consent to subcontract, advance as follows: and competitively awarded fixed-price
notification, and Contractors’ 1. Consent to subcontract. This is the with economic price adjustment
khammond on DSK30JT082PROD with NOTICES
purchasing system review. contracting officer’s written consent for contracts and sales of commercial items
DATES: Submit comments on or before the prime contractor to enter into a pursuant to Part 12) are expected to
January 2, 2019. particular subcontract. In order for the exceed $25 million during the next 12
ADDRESSES: Submit comments regarding contracting officer responsible for months, the ACO will perform a review
this burden estimate or any other aspect consent to make an informed decision, to determine if a CPSR is needed. Sales
of this collection of information, the prime contractor must submit include those represented by prime
including suggestions for reducing this adequate information to ensure that the contracts, subcontracts under
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![62322 Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Notices
Government prime contracts, and 1. Consent to subcontract. GSA Public Buildings Service NEPA
modifications. Generally, a CPSR is not Respondents: 2,053. Desk Guide, and the FHWA Policy
performed for a specific contract. The Responses per Respondent: 3. Guide, GSA, PBS, the Federal Highway
head of the agency responsible for Total Annual Responses: 6,159. Administration (FHWA), and
contract administration may raise or Hours per Response: 3. MaineDOT, in cooperation with the U.S.
lower the $25 million review level if it Total Burden Hours: 18,477. Coast Guard and in coordination with
is considered to be in the Government’s 2. Advance notification. the U.S. Customs and Border Protection
best interest. Once an initial Respondents: 1,336. (CBP), announce the availability of a
determination has been made to Responses per Respondent: 3. Draft Supplemental Environmental
conduct a review, at least every three Total Annual Responses: 4,008. Impact Statement (DSEIS) assessing the
years the ACO shall determine whether Hours per Response: 0.25. potential impacts of a proposed new
a purchasing system review is Total Burden Hours: 1,002. U.S. Land Port of Entry (LPOE) in
necessary. If necessary, the cognizant 3. Contractors’ Purchasing System Madawaska, Maine and an International
contract administration office will Review. Bridge project between Madawaska and
conduct a purchasing system review. Respondents: 240. Edmundston, New Brunswick, Canada
A CPSR provides the administrative Responses per Respondent: 1. (the ‘‘Proposed Action’’).
contracting officer (ACO) a basis for Total Annual Responses: 240.
Hours per Response: 160. DATES: The GSA, FHWA, and
granting, withholding, or withdrawing
Total Burden Hours: 38,400. MaineDOT will host a public hearing on
approval of a contractor’s purchasing
4. Summary. Wednesday, December 12, 2018.
system. An approved purchasing system
allows the contractor more autonomy in Respondents: 3,629. ADDRESSES: Madawaska High School
subcontracting actions. Without an Total Annual Responses: 10,407. gymnasium at 135 7th Avenue,
approved purchasing system more Total Burden Hours: 57,879. Madawaska, Maine 04756, at 6:30 p.m.
Government oversight is necessary, and Affected Public: Businesses or other EST (Eastern Standard Time). The
Government consent to subcontract is for-profit and not-for-profit institutions. evening of the public hearing will
required. Generally, a CPSR is not Obtaining Copies: Requesters may consist of an open house to view
performed for a specific contract. obtain a copy of the information displays beginning at 6:00 p.m., a brief
Rather, CPSRs are conducted on collection documents from the General presentation beginning at 6:30 p.m.,
contractors based on the factors Services Administration, Regulatory followed by an opportunity to provide
identified above. Secretariat Division (MVCB), 1800 F comments on the contents of the DSEIS.
The cognizant ACO is responsible for Street NW, Washington, DC 20405, Interested parties are encouraged to
granting, withholding, or withdrawing telephone 202–501–4755. Please cite attend and provide written comments
approval of a contractor’s purchasing OMB Control No. 9000–0149, by Thursday, January 31, 2019.
system and for promptly notifying the Subcontract Consent and Contractors’ Written comments can be submitted
contractor of same (FAR 44.305–1). Purchasing System Review, in all by the following methods:
Related administrative requirements correspondence. • Regulations.gov: http://
are as follows: FAR 44.305–2(c) requires Dated: November 27, 2018. www.regulations.gov (http://
that when recommendations are made Janet Fry, www.regulations.gov). Submit
for improvement of an approved system, Director, Federal Acquisition Policy Division, comments via the Federal eRulemaking
the contractor shall be requested to Office of Governmentwide Acquisition Policy, portal by searching the Notice number
reply within 15 days with a position Office of Acquisition Policy, Office of or ‘‘New U.S. Land Port of Entry in
regarding the recommendations. FAR Governmentwide Policy. Madawaska, Maine and Madawaska-
44.305–3(b) requires when approval of [FR Doc. 2018–26165 Filed 11–30–18; 8:45 am] Edmundston International Bridge
the contractor’s purchasing system is BILLING CODE 6820–EP–P Project.’’ Select the link ‘‘Comment
withheld or withdrawn, the ACO shall Now’’ that corresponds with ‘‘Notice of
within 10 days after completing the in- Availability of a Draft Supplemental
plant review (1) inform the contractor in GENERAL SERVICES Environmental Impact Statement for the
writing, (2) specify the deficiencies that ADMINISTRATION New U.S. Land Port of Entry in
must be corrected to qualify the system [Notice–PBS–2018–14; Docket No. 2018– Madawaska, Maine and Madawaska-
for approval, and (3) request the 0002; Sequence No. 33] Edmundston International Bridge
contractor to furnish within 15 days a Project’’ on your attached document.
plan for accomplishing the necessary Notice of Availability of a Draft • Postal Mail or Email: Ms. Alexas
actions. If the plan is accepted, the ACO Supplemental Environmental Impact Kelly, Project Manager, GSA, 10
shall make a follow-up review as soon Statement for the New U.S. Land Port Causeway Street, 11th Floor, Boston,
as the contractor notifies the ACO that of Entry in Madawaska, Maine and MA 02222, or alexandria.kelly@gsa.gov.
the deficiencies have been corrected. Madawaska-Edmundston International • Postal Mail: Ms. Cheryl Martin,
B. Public Comment Bridge Project Assistant Division Administrator,
AGENCY: Public Buildings Service (PBS), FHWA, Edmund S. Muskie Federal
A notice was published in the Federal
General Services Administration (GSA); Building, 40 Western Avenue, Room
Register at 83 FR 42651, on August 23,
Federal Highway Administration 614, Augusta, ME 04330.
2018. No comments were received.
FOR FURTHER INFORMATION CONTACT:
khammond on DSK30JT082PROD with NOTICES
(FHWA); Maine Department of
C. Annual Reporting Burden Transportation (MaineDOT). Alexas Kelly, Project Manager, GSA,
The burden estimates provided in the ACTION: Notice of availability. New England Region, by phone at 617–
notice published in the Federal Register 549–8190 or by email at
at 83 FR 42651, on August 23, 2018, SUMMARY: Pursuant to the requirements alexandria.kelly@gsa.gov. Please also
have been adjusted to reflect current, of the National Environmental Policy call this number if special assistance is
relevant data and appropriate Act of 1969 (NEPA), the Council on needed to attend and participate in the
methodology. Environmental Quality Regulations, the public hearing.
VerDate Sep<11>2014 16:52 Nov 30, 2018 Jkt 247001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\03DEN1.SGM 03DEN1](https://thefederalregister.org/doc/83_FR_62553/page/2.svg)
Document Created: 2018-12-01 00:56:54
Document Modified: 2018-12-01 00:56:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Submit comments on or before January 2, 2019. | |
| Contact | Ms. Mahruba Uddowla, Procurement Analyst, at telephone 703-605-2868, or email [email protected] | |
| FR Citation | 83 FR 62321 |
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