Termination Settlement Proposal Forms (SFs 1435 through 1440) FAR Section Affected: Subpart 49.6

Forms and Documents

Document Name	Status
Form SF 1435 Termination Settlement Proposal Forms (SFs 1435 through 1440) FAR Section Affected: Subpart 49.6 Form	Modified
Information Collection 9000-0012 Supporting Statement (12.12.13).doc Supporting Statement A	2014-02-18

IC Document Collections

IC ID	Document Title	Status
36400	Termination Settlement Proposal Forms (SFs 1435 through 1440) FAR Section Affected: Subpart 49.6 Form	Modified

ICR Details

OMB Control No: 9000-0012	ICR Reference No: 201305-9000-001
Status: Historical Active	Previous ICR Reference No: 201012-9000-007
Agency/Subagency: FAR	Agency Tracking No:
Title: Termination Settlement Proposal Forms (SFs 1435 through 1440) FAR Section Affected: Subpart 49.6
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 02/19/2014
	Date Received in OIRA: 01/15/2014
Terms of Clearance: This collection is approved based on the revised materials provided by the Agency.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2017	36 Months From Approved	02/28/2014
Responses	10,113	0	2,092
Time Burden (Hours)	24,271	0	5,023
Cost Burden (Dollars)	0	0	0

---

Abstract: The termination settlement proposal forms (Standard Forms 1435 through 1440) will be used by all Executive agencies, including the Department of Defense, for settling terminated prime contracts and subcontracts per FAR Subpart 49.6. The forms provide a standardized format for listing essential cost and inventory information needed to support the terminated contractor's negotiated position. Submission of this information assures that a contractor will be fairly reimbursed upon settlement of the terminated contract. No other format exists for the collection of this information that we are aware of.

---

Authorizing Statute(s): None

Citations for New Statutory Requirements: None

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 59009	09/25/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 139	01/02/2014
Did the Agency receive public comments on this ICR? No

---

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

IC Title	Form No.	Form Name
Termination Settlement Proposal Forms (SFs 1435 through 1440) FAR Section Affected: Subpart 49.6	SF 1435, SF 1436, SF 1437, SF 1438, SF 1439, SF 1440	Settlement Proposal (Inventory Basis) ,   Settlement Proposal (Total Cost Basis) ,   Settlement Proposal For Cost - Reimbursement Type Contracts ,   Settlement Proposal (Short Form) ,   Schedule Accounting Information ,   Application For Partial Payment

---

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	10,113	2,092	0	8,021	0	0
Annual Time Burden (Hours)	24,271	5,023	0	19,248	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 information collection requirement in the FAR is changed. Based on data retrieved from the Federal Procurement Data System (FPDS) there was an estimated average of 10,152 contracts to 5,949 unique vendors that would have been subject to the termination settlement proposal forms (Standard Forms 1435 through 1440). This data was based on the estimate average number of terminations for convenience (complete or partial) for Fiscal Years, 2010, 2011, and 2012. In consultation with subject matter experts, it was determined that the 5,949 unique vendors was a sufficient baseline for estimating the number of respondents. It is therefore estimated that approximately 5,949 respondents would need to comply with this information collection. The estimated number of responses per respondent for this information collection is based on an estimated average number of respondents divided by the estimated average number of unique vendors (1.7). Additionally, in discussion with subject matter experts, it was estimated that the previously approved burden hours per response of 2.4 hours is still relevant for this information collection. No public comments were received in prior years that have challenged the validity of the Government's estimate. The revisions to this information collection reflect a significant upward adjustment from what was published in the Federal Register at 75 FR 63831 on October 18, 2010. This increase is based on a revision to the estimated number of respondents that would be subject to this information collection.

---

Annual Cost to Federal Government:

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

---

Common Form ICR:  No

---

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: 01/15/2014

---