Commercial Item Acquisitions; FAR Sections Affected: 52.212-3

Forms and Documents

Document Name	Status
9000-0136-Supporting Statement 11.21.19.docx Supporting Statement A	2019-12-03

IC Document Collections

IC ID	Document Title	Status
36673	Commercial Item Acquisitions; FAR Sections Affected: 52.212-3	Modified

ICR Details

OMB Control No: 9000-0136	ICR Reference No: 201912-9000-003
Status: Active	Previous ICR Reference No: 201610-9000-001
Agency/Subagency: FAR	Agency Tracking No:
Title: Commercial Item Acquisitions; FAR Sections Affected: 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: 01/23/2020
	Date Received in OIRA: 12/03/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2023	36 Months From Approved	02/29/2020
Responses	628,273	0	579,620
Time Burden (Hours)	314,137	0	289,810
Cost Burden (Dollars)	15,078,552	0	13,331,260

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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.

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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:
	84 FR 48619	09/16/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 65981	12/02/2019
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: 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	628,273	579,620	0	48,653	0	0
Annual Time Burden (Hours)	314,137	289,810	0	24,327	0	0
Annual Cost Burden (Dollars)	15,078,552	13,331,260	0	1,747,292	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: No

Burden Reduction Due to:

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 $10,000 that used commercial item acquisition procedures, as reported in FPDS-NG.

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Annual Cost to Federal Government: $2,700,159

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: 12/03/2019

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