Contractor Business Ethics Compliance Program and Disclosure Requirements; FAR Section Affected 52.203-13

Forms and Documents

Document Name	Status
9000-0164-Supporting Statement Final.docx Supporting Statement A	2014-11-06

IC Document Collections

IC ID	Document Title	Status
186982	Contractor Business Ethics Compliance Program and Disclosure Requirements; FAR Section Affected 52.203-13	Modified

ICR Details

OMB Control No: 9000-0164	ICR Reference No: 201404-9000-001
Status: Historical Active	Previous ICR Reference No: 201108-9000-003
Agency/Subagency: FAR	Agency Tracking No:
Title: Contractor Business Ethics Compliance Program and Disclosure Requirements; FAR Section Affected 52.203-13
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: 12/19/2014
	Date Received in OIRA: 11/18/2014
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2017	36 Months From Approved	12/31/2014
Responses	276	0	284
Time Burden (Hours)	16,560	0	17,040
Cost Burden (Dollars)	0	0	0

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Abstract: The requirement that the collection supports is located at FAR 52.203-13, Contractor Code of Business Ethics. This clause requires contractors to notify the respective agency Office of Inspector General when the contractor has credible evidence that the contractor's principal, employee, agent, or subcontractor committed a violation of certain federal criminal laws, or a violation of the Civil False Claims Act. Within 30 days of contract award, the contractor is required to have a written code of business ethics and to make a copy of the code of business ethics available to each of its employees performing work on the Government contract. In addition, contractors, other than small business or contractors furnishing commercial items or services, must establish a business ethics and compliance program within 90 days of award. The requirements of the clause at 52.203-13, also flowdown to subcontractors above a certain threshold.

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Authorizing Statute(s): PL: Pub.L. 110 - 252 Title VI, Chapter 1 Name of Law: Close the Contractor Loophole Act
  

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:
	79 FR 32959	06/09/2014
30-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 50647	08/25/2014
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 Business Ethics Compliance Program and Disclosure Requirements; FAR Section Affected 52.203-13

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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	276	284	0	-8	0	0
Annual Time Burden (Hours)	16,560	17,040	0	-480	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: Miscellaneous Actions

Short Statement: The 60 hour burden estimate reflects what was published in the November 12, 2008; final rule (73 FR 67064). There (page 73 FR 67090) the Government stated an initial estimate of 3 hours was inadequate and revised the estimated burden hours to 60 per response. The change particularly considers the hours that would be required for the collection within a company, prior to release to the Government. The estimated cost to the Government is updated to reflect current GS-13 wages averaging $54 per hour. Based on the OPM GS-13/step 5 salary ($39.31 an hour) plus 36.25 percent burden, rounded to the nearest dollar, or $54 an hour. The burden rate used is that mandated by OMB memorandum M-08-13 for use in public-private competition, as updated by OMB for the current year. Reference Salary Table 2014-GS, Effective January 2014, found at www.opm.gov).

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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

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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: 11/18/2014

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