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.
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).
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:
(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;
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.
9000-0164-Supporting Statement Final.docx
Contractor Business Ethics Compliance Program and Disclosure Requirements; FAR Section Affected 52.203-13