Certification of Independent Price Determination, Contractor Code of Business Ethics and Conduct, and Preventing Personal Conflicts of Interest- FAR Sections Affected: 52.203-2, 52.203-13, & 52.203-16

Forms and Documents

Document Name	Status
9000-0018 Supporting Statement.docx Supporting Statement A	2018-01-19

IC Document Collections

IC ID	Document Title	Status
36409	Certification of Independent Price Determination- FAR Section Affected: 52.203-2	Modified
227252	Preventing Personal Conflicts of Interest-FAR Section Affected: 52.203-16	New
227251	Contractor Code of Business Ethics-FAR Section Affected: 52.203-13	New

ICR Details

OMB Control No: 9000-0018	ICR Reference No: 201706-9000-002
Status: Active	Previous ICR Reference No: 201402-9000-002
Agency/Subagency: FAR	Agency Tracking No:
Title: Certification of Independent Price Determination, Contractor Code of Business Ethics and Conduct, and Preventing Personal Conflicts of Interest- FAR Sections Affected: 52.203-2, 52.203-13, & 52.203-16
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: 02/20/2018
	Date Received in OIRA: 01/19/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2021	36 Months From Approved	02/28/2018
Responses	721,598	0	1,024,936
Time Burden (Hours)	200,580	0	256,234
Cost Burden (Dollars)	13,654,860	0	0

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Abstract: OMB control number 9000-0018, Certification of Independent Price Determination and Parent Company and Identifying Data, is being combined with OMB Control Number 9000-0164, Contractor Business Ethics Compliance Program and Disclosure Requirements; and OMB control number 9000-0183, Preventing Personal Conflicts of Interest for Contractor Employees. Certification of Independent Price Determination requires the offeror to certify that the prices in the offer have been arrived at independently. Agencies are required to report under 41 U.S.C. 3101 (Formerly 41 U.S.C. 252(b)(i)) and 10 U.S.C. 2305(d) suspected violations of the antitrust laws (e.g., collusive bidding, identical bids, uniform estimating systems, etc.) to the Attorney General. Contractor Code of Business Ethic and Conduct 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. Preventing Personal Conflicts of Interest requires contractors to notify contracting officers whenever they become aware of any personal conflict of interest violations by a covered employee.

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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:
	82 FR 40582	08/25/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 2780	01/19/2018
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Certification of Independent Price Determination- FAR Section Affected: 52.203-2
Contractor Code of Business Ethics-FAR Section Affected: 52.203-13
Preventing Personal Conflicts of Interest-FAR Section Affected: 52.203-16

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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	721,598	1,024,936	0	-303,338	0	0
Annual Time Burden (Hours)	200,580	256,234	0	-55,654	0	0
Annual Cost Burden (Dollars)	13,654,860	0	0	13,654,860	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: DoD, GSAA, and NASA have consolidated 3 OMB clearances into one clearance. Certification of Independent Price Determination (FAR 52.203-2). Based on FY 2016 FPDS data, DoD, GSA, and NASA now estimate a reduction in the burden hours from 256,234 to 180,300, based on a revised estimate of the number of responses from 1,024,936 to 721,200. Contractor Code of Business Ethics and Conduct (FAR 52.203-13) (formerly OMB clearance number 9000-0164). Based on FY 2016 FPDS data, DoD, GSA, and NASA now estimate an increase in the estimated burden hours from 16,560 to 16,680, due to a slight reduction in the estimated number of responses from 276 to 278. Preventing Personal Conflicts of Interest (FAR 52.203-16) (formerly OMB clearance 9000-0183). Based on FY 2016 FPDS data, DoD, GSA, and NASA now estimate a reduction in the reporting burden hours from 5,640 to 3,600, due to a revised estimate of the number of responses from 188 to 120. Although both Federal Register notices for 9000-0183 included 9,361 recordkeepers and 552,299 recordkeeping hours, those numbers were not included in the approval as recorded on Reginfo.gov. This clearance includes 8,598 recordkeepers and 507,282 hours.

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Annual Cost to Federal Government: $4,976,280

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 01/19/2018

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