Contractor Legal Management Requirements

Forms and Documents

Document Name	Status
Contractor Legal Mgmt Requirements 2012 PWA Supporting Statement 1-7-13.doc Supporting Statement A	2013-01-07

IC Document Collections

IC ID	Document Title	Status
23440	Contractor Legal Management Requirements	Modified

ICR Details

OMB Control No: 1910-5115	ICR Reference No: 201208-1910-003
Status: Historical Inactive	Previous ICR Reference No: 201007-1910-003
Agency/Subagency: DOE/DOEOA	Agency Tracking No: Eric Mulch
Title: Contractor Legal Management Requirements
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 01/07/2013
	Date Received in OIRA: 08/17/2012
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11(c) of the Paperwork Reduction Act and is withholding approval of this collection at this time. This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. The agency shall examine public comment in response to the Notice of Proposed Rulemaking and will include in the supporting statement of the ICR, to be submitted to OMB at the final rule stage, a description of how the agency has responded to any public comments on the ICR. This action has no effect on any current approvals.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2013	36 Months From Approved	10/31/2013
Responses	36	0	36
Time Burden (Hours)	515	0	515
Cost Burden (Dollars)	0	0	0

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Abstract: This collection of information is needed to aid contractors and DOE personnel in making determinations regarding contractor legal matters and the reasonableness of all outside legal costs, including the costs of litigation. It applies to all management and operating contracts and non-management and operating contracts exceeding $100,000,000 that include cost reimbursable elements exceeding $10,000,000.

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Authorizing Statute(s): US Code: 42 USC 2201 Name of Law: Atomic Energy Act of 1954
   US Code: 42 USC 7101 Name of Law: Department of Energy Organization Act
   US Code: 50 USC 2401 Name of Law: National Nuclear Security Administration Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1990-AA37	Proposed rulemaking	76 FR 249	12/28/2011

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Federal Register Notices & Comments

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
Contractor Legal Management Requirements

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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 amendments to 10 CFR part 719 described above will increase the amount of information collected from contractors under this collection. First, while the requirements related to contractor submissions of legal management plans and annualized budgets remain largely unchanged and result in no alteration to the existing associated burden hours, the Department has shifted downward its estimate of the burdens associated with contractor preparation of legal management plans and annualized budgets based on experience and communications with respondents. Second, the rulemaking now requires that contractors submit information related to requests to settle matters. Third, while 10 CFR part 719 has required contractors to submit information regarding their initiation of offensive and defensive litigation since its inception in 2001, previous Paperwork Reduction Act submissions did not account for burdens associated with these requirements.

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Annual Cost to Federal Government: $28,615

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: 08/17/2012

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