FAR Case 2015-011; Prohibition on Contracting with Corporations with Delinquent Taxes or a Felony Conviction. FAR Sections Affected: 52.209-11 & 52.209-12

Forms and Documents

Document Name	Status
2015-011 (I) Text.doc Supplementary Document	2015-09-17
2015-011 (I) SUPPORTING STATEMENT..doc Supporting Statement A	2015-09-17

IC Document Collections

IC ID	Document Title	Status
218229	Certification Regarding Tax Matters; FAR Section Affected 52.209-12	New
218190	Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law; FAR Section Affected 52.209-11	New

ICR Details

OMB Control No: 9000-0193	ICR Reference No: 201512-9000-001
Status: Historical Active	Previous ICR Reference No: 201509-9000-001
Agency/Subagency: FAR	Agency Tracking No:
Title: FAR Case 2015-011; Prohibition on Contracting with Corporations with Delinquent Taxes or a Felony Conviction. FAR Sections Affected: 52.209-11 & 52.209-12
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/04/2015
	Date Received in OIRA: 12/04/2015
Terms of Clearance: This collection is approved for 6 months only. If the FAR Council plans to use this collection for more than 6 months, they need to provide for public comment in 60 and 30 day notices in accordance with 5 CFR 1320.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2016	6 Months From Approved
Responses	356,840	0	0
Time Burden (Hours)	35,684	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: DoD, GSA, and NASA are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement sections of the Consolidated and Further Continuing Appropriations Act, 2015, to prohibit the Federal Government from entering into a contract with any corporation having a delinquent Federal tax liability or a felony conviction under any Federal law, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government.

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Authorizing Statute(s): US Code: 40 USC 121(c) Name of Law: Administrative
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
9000-AM82	Final or interim final rulemaking	80 FR 75903	12/04/2015

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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: 2

IC Title	Form No.	Form Name
Certification Regarding Tax Matters; FAR Section Affected 52.209-12
Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law; FAR Section Affected 52.209-11

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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	356,840	0	0	356,840	0	0
Annual Time Burden (Hours)	35,684	0	0	35,684	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: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a request for a new information collection.

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Annual Cost to Federal Government: $7,493,640

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: 09/17/2015

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