3090_0248-Justification

Supporting Statement for Paperwork Reduction Act Submission

GSAR 516-506, Solicitation Provisions and Contract Clauses; 552.216-72, Placement of Orders; and 552.216-73, Ordering Information
(OMB Control No. 3090-0248)

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

For many years, the General Services Administration (GSA), Federal Acquisition Service (FAS) has had the capability to place orders under contracts electronically via Electronic Data Interchange (EDI). The General Services Administration Acquisition Regulation (GSAR) has prescribed in GSAR 516.506 the use of GSAR clauses 552.216-72, Placement of Orders, and 552.216-73, Ordering Information, under certain conditions, in solicitations and contracts for FSS contracts (documents attached). The GSAR has amended these clauses to incorporate the use of computer-to-computer EDI to place delivery orders.

It is more cost effective to place orders electronically and is in accordance with the Federal Government’s mandate to increase electronic commerce. However, not all businesses that submit offers and subsequently receive a contract have the capability to receive orders via EDI. Consequently, FAS provides the offeror with the option of receiving orders via EDI, facsimile or through the U.S. mail. This allows small businesses to be competitive without having to purchase IT equipment to be considered for and receive a contract. GSA/FAS has various mission responsibilities related to the acquisition of supplies and services to include providing support to other agencies. Electronically, FAS is able to shorten delivery time and provide the optimum service to other activities requirements.

To accomplish EDI, a company enters into a Trading Partner Agreement (TPA) with FAS. As an alternative, a contractor can receive EDI delivery orders through facsimile transmission. This extended use of EDI furthers congressional and executive branch policies that Federal agencies provide leadership in advancing environmental objectives through technology and the expanded use of electronic commerce.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

Establishing TPAs with contractors ensures compatibility of Government and contractor equipment and that each party understands the responsibility associated with placing orders using the EDI method. Also, unless a contractor establishes a TPA with FAS (or adopts the alternative of facsimile transmission), it will not receive delivery orders through EDI.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

FAS uses EDI to the maximum extent practicable. This electronic method of placing delivery orders facilitates and advances the use of information technology under the FSS program.

Collection methods and procedures are periodically reviewed to determine if the information collection is still needed and if improved technology is available. In connection with Governmentwide e-initiatives and statutory requirements, we are exploring receiving responses to solicitations and contract data collection electronically.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

We did not identify any duplication of information collected. Our review did not identify any similar data request. The information is required for each solicitation to ensure it reflects the offeror’s current business practices.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

The burden applies equally to small businesses that opt to do business with GSA. The information collected is necessary to meet the specific objectives of the solicitation or contract.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

Unless a contractor establishes a TPA with FAS to use the EDI procedures (or adopts the alternative of facsimile transmission), it will not receive delivery orders through this manner. Otherwise, orders will be mailed to the contractor.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner requiring respondents to:

• Report information to the agency more often than quarterly;

• Prepare a written response to a collection of information in fewer than 30 days after receipt of it;

• Submit more than an original and 2 copies of any document;

• Retain records, other than health, medical, government contracts, grant-in-aid, or tax records, for more than 3 years;

• In connection with a statistical survey, that is not designed to produce valid, reliable results that can be generalized to the universe of study;

• Require the use of a statistical classification that has not been reviewed and approved by OMB;

• Include a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

• Submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information’s confidentiality to the extent permitted by law.

Collection is consistent with guidelines in the 5 CFR 1320.6.

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency’s notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported. Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years – even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

This is an extension request of a previously approved collection for which the current approval will expire on August 31, 2009. Authority to collect this information is required to publish notices of intent in the Federal Register and to formally collect comments regarding collections specific to contracts. An initial notice appeared in the Federal Register at 74 FR 8258, February 24, 2009, to announce this extension and to request any initial public comments. Time and cost estimates are based on a combination of historical data and professional judgment. These clauses pertain to the FSS Program and its Contractors, and attempts will be made to consult with persons outside the agency to determine if time and cost estimates reflect current activity.

9. Explain any decision to provide any payment or gift to respondents, other than reenumeration of contractors or grantees.

N/A.

10. Describe any assurance of confidentiality provided to respondents and the basis for assurance in statute, regulation, or agency policy.

Information in an offeror’s proposal is considered classified information and is only made available to those privy to that proposal. This information is disclosed only to the extent consistent with agency regulations and applicable statutes.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

No sensitive questions are involved.

12. Provide estimates of the hour burden of the collection of information. The statement should:

• Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

• If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.

• Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 13.

We based the estimated burden of the collection of information on information obtained from subject matter experts familiar with the approximate number of schedule vendors electing to receive orders via computer to computer Electronic Data Interchange or other electronic means, and the range of processing times, depending on the complexity of the contract. The burden addressed in this information collection requirement is the burden of submitting the required information.

Total Annual Responses 7,143

Estimated hour/response .25

Estimated total burden hours 1,786

Cost per hour x $43.15

Estimated cost to public $77,066

The estimated cost of $43.15 per hour is based on the equivalent of a GS-12, step 5 salary (Salary Table 2005DCB Washington-Baltimore, DC-MD-VA-WV, Effective January 2009).

13. Provide an estimate for the total annual cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14.)

• The cost estimate should be split into two components: (a) total capital and start-up cost component (annualized over its expected useful life) and (b) a
  total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling, and testing equipment, and record storage facilities.

• If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

• Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995; (2) to achieve regulatory compliance with requirements not associated with the information collection; (3) for reasons other than to provide information or keep records for the Government or (4) as part of customary and usual business or private practices.

N/A. See Justification 12, above.

14. Provide estimates of annualized costs to the Federal Government. Also, provide a description of the method used to estimate cost, which should include qualification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies may also aggregate cost estimates from Items 12, 13, and 14 in a single table.

Given the nature of this request, reliable cost estimates are not available.

15. Explain the reasons for any program changes or adjustments reported.

This is an extension of a collection that expires August 31, 2009. This submission requests an extension of OMB approval of an information collection requirement in the GSAR. The information collection requirement in the GSAR remains unchanged. However, the number of responses has increased from 6,493 to 7,143. This increase is attributed to the increase in the number of the contracts awarded under the FAS Stock and Special Order Programs since the data was collected for the last clearance. It does not involve any program changes.

16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

Results will not be tabulated or published. Data collected will be used for internal administration of contracts.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

N/A.

18. Explain each exception to the certification statement identified in the “Certification for Paperwork Reduction Act Submissions”.

N/A.

B. Collections of Information Employing Statistical Methods.

Statistical methods are not used in this information collection.

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3090-0248- JUSTIFICATION
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