Anti-Kickback Procedures - FAR Sections Affected: 3.502; 52.203-7

Forms and Documents

Document Name	Status
9000-0091 Supporting Statement4.20.13.doc Supporting Statement A	2013-07-26

IC Document Collections

IC ID	Document Title	Status
36599	Anti-Kickback Procedures - FAR Sections Affected: 3.502; 52.203-7	Modified

ICR Details

OMB Control No: 9000-0091	ICR Reference No: 201206-9000-012
Status: Historical Active	Previous ICR Reference No: 200910-9000-020
Agency/Subagency: FAR	Agency Tracking No:
Title: Anti-Kickback Procedures - FAR Sections Affected: 3.502; 52.203-7
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: 09/05/2013
	Date Received in OIRA: 07/30/2013
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2016	36 Months From Approved	09/30/2013
Responses	100	0	100
Time Burden (Hours)	2,000	0	100
Cost Burden (Dollars)	0	0	0

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Abstract: This information collection is necessary to support ethical business practices through implementation of the requirements of the 41 U.S.C. chapter 87, Kickbacks, to deter subcontractors from making payments and contractors from accepting payments for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract, or a subcontract relating to a prime contract.

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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:
	77 FR 75164	12/19/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 45198	07/26/2013
Did the Agency receive public comments on this ICR? Yes

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

IC Title	Form No.	Form Name
Anti-Kickback Procedures - FAR Sections Affected: 3.502; 52.203-7

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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	100	100	0	0	0	0
Annual Time Burden (Hours)	2,000	100	0	1,900	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: The increase of the estimated burden on the public from 100 hours to 2000 hours is an adjustment based on re-evaluation of the average hours per response. To ensure greater accuracy and to adjust for inflation, adjustments have been made to the average wages category by increasing the hourly wage rate from $24 to the more appropriate $30.81, and reducing the 75% overhead rate to the standard 36%. Similarly, the average wages and overhead category has been adjusted from $20 an hour and 100% overhead to the more appropriate hourly wage of $30.81 and 36% overhead. The burden estimates for the Government are based on the assumption that 100 reports alleging violation of the 41 U.S.C. chapter 87, Kickbacks, are received each year. The Government reviews reports to determine if a violation of the Act has occurred and take appropriate action.

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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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

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: 07/30/2013

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