Small Business Size Rerepresentation; FAR Sections Affected 19.301 and 52.219-28

Forms and Documents

Document Name	Status
9000-0163 Supporting Statement.docx Supporting Statement A	2019-06-20

IC Document Collections

IC ID	Document Title	Status
236592	Rerepresentation for Individual Task or Delivery Orders	New
186981	Representation on Long-Term Contracts, and Other Contracts	Modified

ICR Details

OMB Control No: 9000-0163	ICR Reference No: 201906-9000-004
Status: Historical Inactive	Previous ICR Reference No: 201807-9000-002
Agency/Subagency: FAR	Agency Tracking No:
Title: Small Business Size Rerepresentation; FAR Sections Affected 19.301 and 52.219-28
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 08/26/2019
	Date Received in OIRA: 06/20/2019
Terms of Clearance: The FAR Council should re-submit this collection when the final rule is submitted for OMB review.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2021	36 Months From Approved	09/30/2021
Responses	2,200	0	2,200
Time Burden (Hours)	1,100	0	1,100
Cost Burden (Dollars)	40,700	0	40,700

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Abstract: The implementation of SBA’s regulation in section 19.301 of the Federal Acquisition Regulation (FAR) and FAR 52.219-28, Post-Award Small Business Program Rerepresentation requires that contractors rerepresent size status by updating their representations at the prime contract level in the Representations and Certifications section of the System for Award Management (SAM), and notifying the contracting officer that it has made the required rerepresentation.

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Authorizing Statute(s): US Code: 15 USC 644(r) Name of Law: Jobs Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
9000-AM93	Proposed rulemaking	81 FR 88072	12/06/2016

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 88072	12/06/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 28815	06/20/2019
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Representation on Long-Term Contracts, and Other Contracts
Rerepresentation for Individual Task or Delivery Orders

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

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The FAR is revised to implement the new discretionary authority for contracting officers to require rerepresentations of small business contractors for task or delivery orders. It is estimated that the revisions to the FAR will result in 1,770 more rerepresentations per year. The 1,770 figure is based on reasoning that contracting officers will exercise their discretionary authority to require rerepresentations only for large dollar value orders (i.e. over $1 million) and then only for a portion of such orders (i.e. 10%). According to the Federal Procurement Data System (FPDS), there were 5,879 task and delivery orders over $1 million awarded in fiscal year (FY) 2017. Ten percent of these orders are approximately 590 orders. Estimating that the Request for Quotations (RFQ) for each order resulted on average 3 quotations, there would be 1,770 rerepresentations per year (590 orders X 3 quotations per order) at the order-level. The revision to the FAR will result in a total of 1,985 hours, an increase of 885 hours from the annual reporting burden published in the Federal Register at 83 FR 27004, on June 11, 2018 (1,100 hours).

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Annual Cost to Federal Government: $195,545

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: 06/20/2019

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