FAR Case 2021-008 Domestic Content Reporting Requirement; FAR Sections Affected: 52.225-xx and 52.225-yy

Forms and Documents

Document Name	Status

No forms / supporting documents in this ICR. Check IC Document Collections.

IC Document Collections

IC ID	Document Title	Status
249806	Domestic Content Reporting Requirement; FAR Sections Affected: 52.225-xx and 52.225-yy	New

ICR Details

OMB Control No:	ICR Reference No: 202110-9000-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: FAR	Agency Tracking No:
Title: FAR Case 2021-008 Domestic Content Reporting Requirement; FAR Sections Affected: 52.225-xx and 52.225-yy
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/18/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	8,356	0
Time Burden (Hours)	25,068	0
Cost Burden (Dollars)	1,428,876	0

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Abstract: This information collection supports the implementation of section 8 of Executive Order 14005, Ensuring the Future Is Made in All of America by All of America’s Workers (86 FR 7475, January 28, 2021). Section 8 directed the Federal Acquisition Regulatory Council to consider amending the Federal Acquisition Regulation (FAR) to promote the procurement of goods, products, and materials, by the Government, from sources that will help American businesses compete in strategic industries and help America’s workers thrive. In the pursuit of that objective, the implementing FAR case proposes to require, among other things, contractors to report on the actual domestic content of their products awarded under the contract. This reporting requirement does not apply to commercially available off-the-shelf (COTS) items. The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) provided notification of the applicability of the Paperwork Reduction Act. Agency and public comments were solicited through a proposed rule under FAR Case 2021-008, Amendments to the FAR Buy American Act Requirements. This clearance covers the information that offerors must submit to comply with the following proposed FAR requirements: FAR 52.225-XX. For supply acquisitions subject to the Buy American Act, contractors are required to provide the amount of domestic content of each end product awarded under the contract that is a critical end product and domestic end product containing a critical component. Contractors are required to provide this information to the Made in America Office under the Office of Management and Budget, within 15 days of contract award. The clause does not apply to COTS items. FAR 52.225-YY. For construction acquisitions subject to the Buy American Act, contractors are required to provide the amount of domestic content of each end product awarded under the contract that is a critical end product and domestic construction material containing a critical component. Contractors are required to provide this information to the Made in America Office under the Office of Management and Budget, within 15 days of contract award. The clause does not apply to COTS items.

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Authorizing Statute(s): EO: EO 14005 Name/Subject of EO: Ensuring the Future Is Made in All of America by All of America’s Workers
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
9000-AO22	Proposed rulemaking

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Federal Register Notices & Comments

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
Domestic Content Reporting Requirement; FAR Sections Affected: 52.225-xx and 52.225-yy

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ICR Summary of Burden

	Total Request	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	8,356	0	0	8,356	0	0
Annual Time Burden (Hours)	25,068	0	0	25,068	0	0
Annual Cost Burden (Dollars)	1,428,876	0	0	1,428,876	0	0

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: This is a new information collection requirement.

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Annual Cost to Federal Government: $47,629

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? No

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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: 10/18/2021

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