Bankruptcy - FAR Section Affected: 52.242-13; and Subpart 42.9

Forms and Documents

Document	Type	Status	Availability
9000-0108 Supporting Statement(8-22-16)_v.2.doc	Supporting Statement A	Uploaded 2016-08-22	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
36630	Bankruptcy - FAR Sections Affected: 52.242-13; and Subpart 42.9		Modified

ICR Details

OMB Control No: 9000-0108	ICR Reference No: 201607-9000-003
Status: Historical Active	Previous ICR Reference No: 201208-9000-002
Agency/Subagency: FAR	Agency Tracking No:
Title: Bankruptcy - FAR Section Affected: 52.242-13; and Subpart 42.9
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: 08/23/2016
	Date Received in OIRA: 07/07/2016
Terms of Clearance: This collection is approved based on the revised materials provided.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2019	36 Months From Approved	08/31/2016
Responses	545	0	790
Time Burden (Hours)	681	0	988
Cost Burden (Dollars)	43,635	0	0

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Abstract: Under statute, contractors may enter into bankruptcy, which may have a significant impact on the contractor's ability to perform its Government contract. The Government often does not receive adequate and timely notice of this event. FAR Subpart 42.9, Bankruptcy, prescribes policies and procedures regarding actions to be taken when a contractor enters into proceedings relating to bankruptcy. It establishes a requirement for the contractor to notify the contracting officer upon filing a petition for bankruptcy. It further establishes minimum requirements for agencies to follow in the event of a contractor bankruptcy. The clause at 52.242-13, entitled “Bankruptcy” requires contractors to notify the contracting officer within 5 days after the contractor files for bankruptcy.

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Authorizing Statute(s): None

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:
	81 FR 24104	04/25/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 44306	07/07/2016
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
Bankruptcy - FAR Sections Affected: 52.242-13; and Subpart 42.9

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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	545	790	0	-245	0	0
Annual Time Burden (Hours)	681	988	0	-307	0	0
Annual Cost Burden (Dollars)	43,635	0	0	43,635	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 information collection burden hour requirement in the FAR has decreased due to the reduction in business bankruptcies between the years 2013 and 2015.

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Annual Cost to Federal Government: $78,654

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: 07/07/2016

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