Small Disadvantaged Business Procurement Credit Programs. FAR sections affected: Subparts 19.11; 19.12; 52.219-22.

Forms and Documents

Document Name	Status
9000-0150-FAR Clauses.pdf Supplementary Document	2009-10-29
9000-0150-Justification.doc Supporting Statement A	2009-10-16

IC Document Collections

IC ID	Document Title	Status
44231	Small Disadvantaged Business Procurement Credit Programs. FAR sections affected: Subparts 19.11; 19.12; 52.219-22	Modified

ICR Details

OMB Control No: 9000-0150	ICR Reference No: 200910-9000-018
Status: Historical Active	Previous ICR Reference No: 200606-9000-001
Agency/Subagency: FAR	Agency Tracking No:
Title: Small Disadvantaged Business Procurement Credit Programs. FAR sections affected: Subparts 19.11; 19.12; 52.219-22.
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/17/2009
	Date Received in OIRA: 10/16/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2012	36 Months From Approved	11/30/2009
Responses	3,000	0	72,000
Time Burden (Hours)	15,000	0	167,370
Cost Burden (Dollars)	0	0	0

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Abstract: The small disadvantaged business procurement credit programs implement DOJ's proposal to reform affirmative action in Federal procurement, which was designed to ensure compliance with the constitutional standards established by the Supreme Court. The credits include:(1) Price Evaluation Factor Targets and (2) Certification.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 27800	06/11/2009
30-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 52812	10/14/2009
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Small Disadvantaged Business Procurement Credit Programs. FAR sections affected: Subparts 19.11; 19.12; 52.219-22

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	3,000	72,000	0	-69,000	0	0
Annual Time Burden (Hours)	15,000	167,370	0	-152,370	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Using Information Technology

Short Statement: FAR Subpart 19.12, Small Disadvantaged Business Participation Program includes the price evaluation factor or subfactor and incentive subcontracting program for SDBs and is applicable for instances where a subcontracting plan under FAR Subpart 19.7 could apply. FAR Subpart 19.12 does not apply to Multiple Award Schedule contracts, negotiated acquisitions where the lowest price technically acceptable source selection process is used, and contract actions that will be performed entirely outside of the United States and its outlying areas. In addition, Subpart 19.12 does not apply to all NAICs codes but only to certain NAICS and/or regions. Therefore, FAR Subpart 19.12, Small Disadvantaged Business Participation Program would not apply in all cases. In addition, on October 3, 2008, the Small Business Administration (SBA) published a revision to 13 Code of Federal Regulations (CFR) Part 124 in the Federal Register (73 FR 57490) which now allows firms to self-represent their status for subcontracting purposes without receiving a SDB certification. Moreover, with the implementation of the Electronic Subcontracting Reporting System (eSRS), the amount of time to report data via the electronic system should reduce the recordkeeping and reporting hours. FAR Subpart 19.11 currently requires application of the Price Evaluation Adjustment (PEA) to only NASA, DoD and Coast Guard for certified small disadvantaged businesses. This reduces the number of certified SDBs that will be involved in procurements where the PEA could be applied for specific NAICs codes/regions. Also, on February 26, 2009, the Federal Circuit directed the United States District Court, Western District of Texas, to enter a judgment declaring Section 1207 as enacted in 2006 (i.e. the current 10 U.S.C. § 2323) to be facially unconstitutional and enjoined its further application for DoD. This decision drastically impacts the requirement for small disadvantaged business requirements for federal acquisitions.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 10/06/2009

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