Federal Acquisition Regulation Part 23 Requirements--FAR Sections Affected: 5.223-2, 52.223-5 thru 52.223-7, 52.223-9, 52.223-11, 52.223-12, and 52.223-22

Forms and Documents

Document Name	Status
9000-0107 Supporting Statement 4.11.19.docx Supporting Statement A	2019-04-11

IC Document Collections

IC ID	Document Title	Status
36626	Drug Free Workplace	Modified
234498	Affirmative Procurement of Biobased Products Under Service and Construction Contracts	New
234497	Environmentally Sound Products	New
234496	Pollution Prevention and Right-to-Know Information	New
234495	Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation	New
234494	High Global Warming Potential Hydrofluorocarbons	New
234493	Notice of Radioactive Materials	New

ICR Details

OMB Control No: 9000-0107	ICR Reference No: 201812-9000-001
Status: Active	Previous ICR Reference No: 201512-9000-004
Agency/Subagency: FAR	Agency Tracking No:
Title: Federal Acquisition Regulation Part 23 Requirements--FAR Sections Affected: 5.223-2, 52.223-5 thru 52.223-7, 52.223-9, 52.223-11, 52.223-12, and 52.223-22
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: 04/12/2019
	Date Received in OIRA: 02/13/2019
Terms of Clearance: This collection is approved based on the revised materials provided by the FAR Council.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2022	36 Months From Approved	04/30/2019
Responses	166,146	0	2,675
Time Burden (Hours)	782,525	0	2,675
Cost Burden (Dollars)	50,358,274	0	82,925

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Abstract: This clearance covers the information that a contractor must submit to comply with the various requirements in FAR part 23.

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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:
	83 FR 51462	10/11/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 3781	02/13/2019
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 7

IC Title	Form No.	Form Name
Notice of Radioactive Materials
Environmentally Sound Products
Affirmative Procurement of Biobased Products Under Service and Construction Contracts
Drug Free Workplace
High Global Warming Potential Hydrofluorocarbons
Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation
Pollution Prevention and Right-to-Know Information

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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	166,146	2,675	0	163,471	0	0
Annual Time Burden (Hours)	782,525	2,675	0	779,850	0	0
Annual Cost Burden (Dollars)	50,358,274	82,925	0	50,275,349	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: Cutting Redundancy

Short Statement: This justification supports revision and extension of the expiration date of OMB Control No. 9000-0107 and combines it with the previously approved information collections OMB Control No. 9000-0101, 9000-0191, 9000-0194, 9000-0147, 9000-0134, and 9000-0180, with the new title “Federal Acquisition Regulation Part 23 Requirements”. However, there were adjustments to each based on the following: a) Notice of Radioactive Materials - The total annual burden decreased by 175 hours (from 2,675 hours to 2,500 hours), due to use of more current year data than the prior renewal. b) Drug-Free Workplace - The total annual burden decreased by 398 hours (from 598 hours to 205) due to use of new methodology in calculating burden, which resulted in a lower number of estimated respondents. The renewal in 2016 included task and delivery order awards as well as modifications to contracts in the number of respondents; however, since the clause requires reporting once at the contract-level, not order-level, the inclusion of orders and modifications was not appropriate. c) High Global Warming Potential Hydrofluorocarbons - The total annual burden decreased by 835 hours (from 3,172 hours to 2,337 hours) due to use of new methodology in calculating burden. With regards to both 52.223-11(c) and 52.223-12(d), the last renewal in 2016 accounted for individual task and delivery orders in estimating the number of respondents; however, since the reporting requirements are applied at the contract-level, orders were not included in estimating the number of respondents for this effort. In addition, this effort uses data from fiscal year 2017 whereas the prior renewal utilized data from fiscal year 2014. d) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation - The total annual burden increased by 560 hours (from 1,375 hours to 1,935 hours) due to use of more current data. e) Pollution Prevention and Right-to-Know Information - The total annual burden increased by 1,176 hours (from 17,498 hours to 18,674 hours) due to use of more current data than the prior renewal: the number of Federal facilities that submitted TRI reports for CY 2016 is slightly less and the number of Federal facilities using toxic or hazardous chemicals subject to EPCRA reporting and emergency planning requirements is estimated to be lower; but, the number of Federal facilities that are estimated to collect information for FCAs is higher. f) Environmentally Sound Products - The total annual burden decreased by 986 hours (from 1,571 hours to 585 hours) due to use of more current fiscal year data. While this effort uses a new methodology in calculating burden, it is anticipated that using the methodology from the prior renewal in 2017 would have resulted in an even greater decreased burden. The prior renewal used the number of unique entities in estimating the number of respondents whereas this effort uses the number of contracts awarded, even if an entity may have multiple contracts with the same information collection requirement. g) Affirmative Procurement of Biobased Products Under Service and Construction Contracts - The total annual burden decreased by 546,125 (from 1,286,425 hours to 740,300 hours) due to use of more current fiscal year data, which resulted in a smaller number of respondents than the prior renewal.

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Annual Cost to Federal Government: $15,512,052

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: 02/13/2019

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