0704-0286 Supporting Stmt 2014

Supporting Statement
OMB No. 0704-0286
DFARS Subpart 205 – Publicizing Contract Actions
A.

Justification

1. Requirement. OMB clearance 0704-0286 covers Defense Federal
Acquisition Regulation Supplement (DFARS) Part 205, Publicizing
Contract Actions, and a related clause at DFARS 252.205-7000,
Provision of Information to Cooperative Agreement Holders. This
clearance pertains to information contractors must provide to
cooperative agreement holders upon request, in accordance with
10 U.S.C. 2416. This requirement only applies to contractors
with solicitations and contracts that are expected to exceed
$1,000,000 or more, including solicitations and contracts using
FAR part 12 procedures for the acquisition of commercial items.
2. Purpose. DFARS 205.470 clause prescription and the clause
at 252.205-7000 require defense prime contractors awarded
contracts over $1,000,000 to provide cooperative agreement
holders, upon their request, a list of those appropriate
employees or offices responsible for entering into subcontracts
under defense contracts. The list must include the business
address, telephone number, and area of responsibility for each
employee or office. The contractor need not provide the list to
a particular cooperative agreement holder more frequently than
once a year. The cooperative agreement holders further
disseminate the information to other firms within a geographic
area defined in the individual cooperative agreements. The
purpose of the cooperative agreements is for the agreement
holders to provide procurement technical assistance to business
entities within a specified geographic area. The list of points
of contact regarding subcontracts under defense contracts, which
is provided to small entities by the cooperative agreement
holders, enables the small entities to more easily obtain
subcontracts from defense contractors.
3. Information technology. Improved information technology is
used to the maximum extent practicable. When DoD, the prime
contractor, and the cooperative agreement holder are capable of
electronic interchange, this information collection requirement
may be accomplished electronically. This has the potential to
reduce some of the burden because the cooperative agreement
holders can compile and update the lists of points of contact at
defense prime contractors using a database program.

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4. Duplication. As a matter of policy, DoD reviews the DFARS
to eliminate unnecessary duplication. This request for
information applies solely to DoD contracts and does not
duplicate any other requirement. Similar information is not
already available to the Government.
5. Small business. The burden applied to small businesses is
the minimum consistent with applicable laws, Executive Orders,
regulations and prudent business practices.
6. Consequences for noncollection. Every attempt has been made
to keep the frequency of collection to a minimum. However, this
information collection complies with the 10 U.S.C. 2416
requirement for prime contractors to provide the information to
cooperative agreement holders one a year.
7. Special circumstances. Collection of the information does
not require any of the special circumstances cited at 5 CFR
1320.5(d)(2).
8. Public comments and consultation. This information
collection is consistent with the guidelines in 5 CFR 1320.5(d).
Public comments were solicited for 60 days in the Federal Register on
November 8, 2013 (78 FR 67133) as required by 5 CFR 1320.8(d).
No comments were received. A 30 day comment period was solicited in
the Federal Register on January 13, 2014 (79 FR 2157). The Department
did not directly receive any comment.
9. Payment to respondents. No payment or gift will be provided
to respondents, other than remuneration of contractors under
their contracts.
10. Confidentiality. This information is disclosed only to the
extent consistent with prudent business practices, current
regulations, and statutory requirements.
11.

Sensitive questions.

No sensitive questions are involved.

12. Estimate of public burden. The estimated costs are based
on information generated from the FPDS using Fiscal Year 2012
data and estimates of processing times developed by contracting
professionals familiar with cooperative agreements. Records in
FPDS indicate there were about 7,000 contractors awarded
contracts exceeding $1,000,000 in Fiscal Year 2012. It is
estimated that 90 percent of the awardees have been awarded
contracts over $1,000,000 in the past, so only 700 contractors
would need to make initial information submissions. Based on
experience, we estimate 2 hours to prepare the submissions and
transmit them to the Government. The other 6,300 contractors
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need only provide updates of information previously developed
and provided. We estimate this takes 1 hour per contractor per
year. This estimated number of respondents and hours are
unchanged from the 2010 estimate. However, the total estimated
cost increased by $5775 due to use of a higher burden rate.
Accordingly, the estimated the public burden is as follows—
Number of respondents (initial)
Responses per respondent
Number of responses
Average hours per response
Estimated hours
Cost per hour
Total annual Public cost
Number of respondents (updates)
Responses per respondent
Number of responses
Average hours per response
Estimated hours
Cost per hour
Total annual Public cost
Totals:
Number of respondents
Average responses per respondent
Number of responses
Average hours per response
Estimated hours
Average cost per hour*
Total annual Public cost

x
x
x

x
x
x

x
x
x

700
1
700
2.00
1,400
$30.75
$43,050
6,300
1
6,300
1.00
6,300
$30.75
$193,725
7,000
1
7,000
1.10
7,700
$30.75
$236,775

* The fully burdened rate of $30.75 was developed using 2013 hourly labor
rate of $22.57 for a GS-9, step 5, plus a burden of 36.25 percent from OMB
Circular A-76. This results in a fully burdened rate of $30.75, rounded to
the nearest cent. Although the estimated hours remain unchanged, the
projected annual cost increased by $5,775 from the 2010 estimate due to the
increased burden rate.

13. Estimated nonrecurring costs. We estimate that there are
no nonrecurring costs, i.e., capital and start—up, or operation
and maintenance costs.

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14. Estimated cost to Government. DFARS 252.205-7000 requires
prime contractors to submit the requested information directly
to the cooperative agreement holders. Since the Government does
not review or participate in any manner in the transaction,
there is no Government burden associated with this requirement.
15. Program changes. The estimated hours remain unchanged from
the previous submission.
16. Publication.
published.

Results of this collection will not be

17. Expiration date. No approval, to not display the
expiration dates for OMB approval of the information collection,
is required.
18. Certification. There are no exceptions to the
certification accompanying this Paperwork Reduction Act
submission. Although the information collection requirement
does not reduce the burden on small entities, the information is
the minimum needed by contracting officers in order to reward
contractors when establishing the price of certain negotiated
defense contracts by recognizing their capital investment in
facilities.
B.

Collections of Information Employing Statistical Methods

Statistical methods are not used in this information collection.

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SUBPART 205.4--RELEASE OF INFORMATION
205.470 Contract clause.
Use the clause at 252.205-7000, Provision of Information to
Cooperative Agreement Holders, in solicitations and contracts,
including solicitations and contracts using FAR part 12
procedures for the acquisition of commercial items that are
expected to exceed $1,000,000. This clause implements 10 U.S.C.
2416.

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252.205-7000 Provision of Information to Cooperative Agreement
Holders.
As prescribed in 205.470, use the following clause:
PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS
(DEC 1991)
(a) Definition. “Cooperative agreement holder” means a State
or local government; a private, nonprofit organization; a tribal
organization (as defined in section 4(c) of the Indian SelfDetermination and Education Assistance Act (Pub. L. 93-268; 25
U.S.C. 450(c))); or an economic enterprise (as defined in section
3(e) of the Indian Financing Act of 1974 (Pub. L. 93-362; 25
U.S.C. 1452(e))) whether such economic enterprise is organized
for profit or nonprofit purposes; which has an agreement with the
Defense Logistics Agency to furnish procurement technical
assistance to business entities.
(b) The Contractor shall provide cooperative agreement
holders, upon their request, with a list of those appropriate
employees or offices responsible for entering into subcontracts
under defense contracts. The list shall include the business
address, telephone number, and area of responsibility of each
employee or office.
(c) The Contractor need not provide the listing to a
particular cooperative agreement holder more frequently than once
a year.
(End of clause)

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