9000-0061 Supporting Statement

9000-0061 Supporting Statement.doc

Transportation Requirements - FAR Sections Affected: 52.247-29 thru 52.247-44, and 52.247-48

OMB: 9000-0061

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SUPPORTING STATEMENT

FOR INFORMATION COLLECTION SUBMISSION

9000-0061, TRANSPORTATION REQUIREMENTS

A. Justification.

1. Administrative requirements. FAR Part 47 and related clauses contain policies and procedures for applying transportation and traffic management considerations in the acquisition of supplies and acquiring transportation or transportation-related services. Generally, contracts involving transportation require information regarding the nature of the supplies, method of shipment, place and time of shipment, applicable charges, marking of shipments, shipping documents, and other related items.

In part, these regulations implement statutory requirements relating to transportation such as—

  • The Merchant Marine Act of 1936 (46 U.S.C. 1101);

  • The Cargo Preference Act of 1954 (46 U.S.C. 1241); and

  • The Cargo Preference Act of 1904 (10 U.S.C. 2631).

This clearance covers the following requirements in 48 CFR Chapter 1 (FAR):

a. Financial statement. FAR 52.247-6, Financial Statement, as prescribed at 47.207-1(e), requires the offeror responding to solicitations for transportation or transportation-related services, to provide to the Government, upon request, a current certified statement of the offeror’s financial condition.

b. F.o.b. Origin.

FAR Clauses Prescribed at

  • 52.247-29, F.o.b. Origin 47.303-1(c)

  • 52.247-30, F.o.b. Origin, Contractor’s Facility 47.303-2(c)

  • 52.247-31, F.o.b. Origin, Freight Allowed 47.303-3(c)

  • 52.247-32, F.o.b. Origin, Freight Prepaid 47.303-4(c)

  • 52.247-33, F.o.b. Origin, with Differentials 47.303-5(c)

The clauses listed above require that the contractor mark the shipment, complete the Government bill of lading or prepare a commercial bill of lading, and distribute copies of the bill of lading. The agency may provide special instructions or request annotations for commercial bills of lading.

c. F.o.b. Destination; F.o.b. Destination, within Consignee’s Premises; F.a.s. Vessel, Port of Shipment; F.o.b. Vessel, Port of Shipment; F.o.b. Inland Carrier, Port of Exportation; F.o.b. Inland Point, Country of Importation; Ex Dock, Pier, or Warehouse, port of Importation; C.& f. Destination; C.i.f. Destination; F.o.b. Designated Air carrier’s Terminal, Point of Exportation; F.o.b. Designated Air Carrier’s Terminal, Point of Importation; F.o.b. Destination–Evidence of Shipment.

FAR clauses Prescribed at

  • 52.247-34, F.o.b. Destination 47.303-6(c)

  • 52.247-35, F.o.b. Destination, Within 47.303-7(c)
    Consignee's Premises

  • 52.247-36 F.a.s. Vessel, Port of Shipment 47.303-8(c)

  • 52.247-37, F.o.b. Vessel, Port of Shipment 47.303-9(c)

  • 52.247-38, F.o.b. Inland Carrier, Point of 47.303-10(c)
    Exportation

  • 52.247-39, F.o.b. Inland Point, Country of 47.303-11(c)
    Importation

  • 52.247-40, Ex Dock, Pier, or Warehouse, 47.303-12(c)
    Port of Importation

  • 52.24741, C.& f. Destination 47.303-13(c)

  • 52.247-42, C.i.f. Destination 47.303-14(c)

  • 52.247-43, F.o.b. Designated Air Carrier’s 47.303-15(c)
    Terminal, Point of Exportation

  • 52.247-44, F.o.b. Designated Air Carrier’s 47.303-16(c)
    Terminal, Point of Importation

  • 52.247-48, F.o.b. Destination—Evidence of 47.305-4(c)
    Shipment

The clauses listed above impose varying requirements on the Contractor, such as—

  • Prepare and distribute commercial bills of lading;

  • Provide a clean dock or ship’s receipt;

  • Provide an on-board ocean bill of lading; or

  • Provide a clean Government bill of lading and/or air waybill.

For all f.o.b. destination contracts, the Contractor is also required to retain evidence of shipment for three years after final payment under the contract, and make such evidence available to the Government for review as necessary.

d. Shipments to DoD Air or Water Terminal Transshipment Points. FAR clause 52.247-52, as prescribed at 47.305-6(f)(2), requires the contractor to advise the Government transportation office of the date on which the cargo will be ready for shipment, and provide certain information to the Government transportation office at least five days before shipping cargo to either a water port or an airport.

e. Transportation Transit Privilege Credits. FAR clause 52.247-57, as prescribed at 47.305-13(b)(4), applies if the offeror has established transit privileges with regulated common carriers. The offeror must insert rate per CWT in cents, and the destination.

f. Cargo Preference. FAR clause 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels, as prescribed at 47.507(a), is used in solicitations and contracts that may involve ocean transportation of supplies subject to the Cargo Preference Act of 1954. The contractor must submit one legible copy of a rated on-board bill of lading for each shipment to both the contracting officer and the Maritime Administration. The contractor must flow this requirement down to all subcontracts and purchase orders under the contract, except subcontracts for commercial items (see 52.212-5(e)(4) and 52.244-6(c)(4).

The proposed rule under FAR Case 1999-024 proposes to require flow down to certain commercial subcontracts, if ocean cargoes are clearly destined for eventual military or Government use.

2. Uses of information. The information is used by the contracting officer, the Government transportation office, or the Maritime Administration to ensure proper and timely shipment of Government supplies, and to ensure compliance with cargo preference statutes.


3. Consideration of information technology. We use improved information technology to the maximum extent practicable. Where both the Government agency and contractors are capable of electronic interchange, the contractors may submit this information collection requirement electronically.

4. Efforts to identify duplication. This requirement is issued under the Federal Acquisition Regulation (FAR), which has been developed to standardize Federal procurement practices and eliminate unnecessary duplication.

5. If the collection of information impacts small businesses or other entities, describe methods used to minimize burden. The burden applied to small businesses is the minimum consistent with applicable laws, Executive orders, regulations, and prudent business practices.

6. Describe consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently. Collection of information on a less frequent basis is not practical. Information is required with the offer, on a per shipment basis, or upon request of the contracting officer, as appropriate.

7. Special circumstances for collection. Collection is consistent with guidelines in 5 CFR 1320.6.


8. Efforts to consult with persons outside the agency. A 60-day notice was published in the Federal Register at 83 FR 15571 on April 11, 2018. No comments were received. A 30-day notice was published in the Federal Register at 83 FR 42122 on August 22, 2018.


9. Explanation of any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees. There will be no payment or gift to respondents, other than remuneration of contractors.

10. Describe assurance of confidentiality provided to respondents. This information is disclosed only to the extent consistent with prudent business practices and current regulations.

11. Additional justification for questions of a sensitive nature. No sensitive questions are involved.


12 & 13. Estimated annual reporting burden and cost to the public. Transportation management specialists indicate that there is no centralized database system that maintains statistics on the information regarding the nature of the supplies, method of shipment, place and time of shipment, applicable charges, marking of shipments, shipping documents, and other related items. We estimate that it takes approximately 3 minutes for each contractor to read and prepare the information needed for the description. We estimate 65,000 respondents per year. We also estimate 22 responses per respondent per year, which is an increase from 21.32 responses in the past. The time for number of responses per respondent is changed due to transportation office review. We estimate that each response will cost approximately $1.65 to prepare.


Estimated respondents/yr..................... 65,000

Responses annually……………………………………………………..x 22

Total annual responses....................................................................1,430,000

Estimated hrs/response.............................................................................x.05

Estimated total burden/hrs....................................................................71,500

Average wages + overhead…………………………………………...$33.00*

Total cost to the public .................................................................$2,359,500


* Based on the salary table for GS-9/step 5 salary ($23.82 an hour for base salary) plus 36.25 percent burden, rounded to the nearest dollar, or $33 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 2018-GS, Effective January 2018, found at www.opm.gov).


14. Estimated annual cost to the Government. Time required for Governmentwide review is estimated at 7 minutes per response. Transportation and traffic management factors are important in awarding and administering of contracts to ensure that (1) acquisitions are made on the basis most advantageous to the Government and (2) supplies arrive in good order and condition and on time at the required place.

Total responses to Govt. 1,430,000

Govt. hours/response x .12

Total burden hours 171,600

Average wages + overhead x $33*

Total Government cost $5,662,800


* Based on the salary table for GS-9/step 5 salary ($23.82 an hour for base salary) plus 36.25 percent burden, rounded to the nearest dollar, or $33 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 2018-GS, Effective January 2018, found at www.opm.gov).


15. Explain reasons for program changes or adjustments reported in Item 13 or 14.

This submission requests an extension of OMB approval of an information collection requirement in the FAR. The estimated burden hours remain the same as the current collection.


16. Outline plans for published results of information collections. Results of this information collection will not be tabulated or published.


17. Approval not to display expiration date. We do not seek approval not to display the expiration date for OMB approval of the information collection.


18. Explanation of exception to certification statement. Not applicable.

B. Collections of Information Employing Statistical
Methods.
Statistical methods are not used in this information collection.

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File TitlePaperwork Burden Analysis
AuthorOUSD(A&T)
Last Modified BySYSTEM
File Modified2018-08-22
File Created2018-08-22

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