Commercial Item Acquisitions; FAR Sections Affected: 12.301(b)(2) and 52.212-3

Forms and Documents

Document Name	Status
9000-0136-Supporting Statement.docx Supporting Statement A	2016-10-05

IC Document Collections

IC ID	Document Title	Status
36673	Commercial Item Acquisitions; FAR Sections Affected: 12.301(b)(2) and 52.212-3	Modified

ICR Details

OMB Control No: 9000-0136	ICR Reference No: 201610-9000-001
Status: Historical Active	Previous ICR Reference No: 201208-9000-006
Agency/Subagency: FAR	Agency Tracking No:
Title: Commercial Item Acquisitions; FAR Sections Affected: 12.301(b)(2) and 52.212-3
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: 11/21/2016
	Date Received in OIRA: 10/21/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2019	36 Months From Approved	11/30/2016
Responses	579,620	0	648,000
Time Burden (Hours)	289,810	0	324,000
Cost Burden (Dollars)	13,331,260	0	0

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Abstract: The Federal Acquisition Streamlining Act of 1994 reformed Federal acquisition statutes to encourage and facilitate the acquisition of commercial items and services by the Federal Government. Accordingly, the Federal Acquisition Regulation (FAR) was amended to include streamlined/simplified procedures for the acquisition of commercial items. As part of the FAR streamlined/simplified procedures, FAR Provision 52.212-3, “Offeror Representations and Certifications – Commercial Items,” was implemented to combine the multitude of individual provisions used in Government solicitations into a single provision for use in commercial acquisitions. With exception to the circumstances listed at FAR 12.102(e), FAR 12.301(b)(2)requires the incorporation of FAR 52.212-3 in all solicitations for commercial items or services.

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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 43201	07/01/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 68416	10/04/2016
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
Commercial Item Acquisitions; FAR Sections Affected: 12.301(b)(2) and 52.212-3

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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	579,620	648,000	0	-68,380	0	0
Annual Time Burden (Hours)	289,810	324,000	0	-34,190	0	0
Annual Cost Burden (Dollars)	13,331,260	0	0	13,331,260	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 number of respondents and the number of responses changed because they are fluid numbers that fluctuate based on changing variables (e.g., time, vendor capabilities, and available resources). The average hourly wage for both Government and contractor responses increased because OPM increased the GS hourly wage for both GS-9 and GS-12 employees. The number of responses per respondent per year changed because a substantial amount of the requested data in 52.212-3 remains consistent for a vendor from year to year. The remaining data that may change is either linked to another module in SAM that is not captured under this collection, or applies to only supply vendors. The total annual responses also changed because we changed the variables for the data in an effort to gain greater accuracy. Instead of utilizing the number of base awards exceeding the simplified acquisition threshold, we used the number of all base awards valued greater than $3,000 that used commercial item acquisition procedures, as reported in FPDS-NG.

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Annual Cost to Federal Government: $1,803,413

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: 10/21/2016

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