Gray Market Clauses: 852.212-71 and 852.212-72

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
2900-XXXX SS for AQ41(PR) Gray Market Clauses 18NOV2021.docx	Supporting Statement A	Uploaded 2021-11-19	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
250433	Gray Market Clauses: 852.212-71 and 852.212-72	Instruction	New

ICR Details

OMB Control No: 2900-0902	ICR Reference No: 202111-2900-012
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: VA	Agency Tracking No: PPS
Title: Gray Market Clauses: 852.212-71 and 852.212-72
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 01/03/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/23/2021
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is not approved at this time. Prior to publication of the final rule, the agency should provide to OMB a summary of all comments received on the proposed information collection and identify any changes made in response to these comments.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: As a result of proposed rule, RIN 2900-AQ41 posted to the Federal Register 86FR64132 on November 17, 2021, VAAR case 2015-V016, this is a request from the Department of Veterans Affairs (VA) for OMB approval of a new Information Collection (IC). Clause 852.212-71, Gray Market and Counterfeit Items, is required to be inserted in VA solicitations and contracts to ensure no used, refurbished, or remanufactured supplies or equipment/parts would be offered on VA solicitations or delivered via any awarded contracts to Government facilities which would be entered into VA’s critical supply chain and place Veterans and VA information, VA sensitive information and information systems at risk. Clause 852.212-72, Gray Market and Counterfeit Items—Information Technology Maintenance Allowing Other-than-New Parts, is required to be inserted in VA solicitations and contracts. This clause would permit used, refurbished, or remanufactured parts to be provided.

---

Authorizing Statute(s): PL: Pub.L. 113 - 283 2521 Name of Law: Federal Information Security Modernization Act of 2014
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2900-AQ41	Proposed rulemaking	86 FR 64132	11/17/2021

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Gray Market Clauses: 852.212-71 and 852.212-72

---

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: Adjustments due to changing regulations.

---

Annual Cost to Federal Government: $89,534

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

---

Common Form ICR:  No

---

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: 11/23/2021

---