Certain Federal Acquisition Regulation Part 4 Requirements:FAR Sections Affected:52.204-3, 52.204-6, 52.204-7, 52.204-12 thru 52.204-15, 52.204-20, 52.204-23, 52.212-1(j), 52.212-3(b), and 52.212-3(l)

Forms and Documents

Document	Type	Status	Availability
9000-0189 Supporting Statement (Consolidations) JAN 2022.docx	Supporting Statement A	Uploaded 2022-01-29	Repair queued

IC Document Collections

IC ID	Collection	Type	Status	Form
251365	Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities		New
251364	Predecessor of Offeror		New
251363	Service Contract Reporting Requirements		New
251362	SAM Maintenance		New
251361	SAM Registration		New
251360	Requesting a Unique Entity Identifier		New
251359	Unique Entity Identifier--Submitting a Unique Identifier		New
213596	Taxpayer Identification Number Information		Modified

ICR Details

OMB Control No: 9000-0189	ICR Reference No: 202201-9000-003
Status: Received in OIRA	Previous ICR Reference No: 201810-9000-008
Agency/Subagency: FAR	Agency Tracking No:
Title: Certain Federal Acquisition Regulation Part 4 Requirements:FAR Sections Affected:52.204-3, 52.204-6, 52.204-7, 52.204-12 thru 52.204-15, 52.204-20, 52.204-23, 52.212-1(j), 52.212-3(b), and 52.212-3(l)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 01/29/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	01/31/2022
Responses	843,616	974
Time Burden (Hours)	419,779	97
Cost Burden (Dollars)	19,009,835	5,260

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Abstract: This justification supports the revision of the expiration date of OMB Control No. 9000-0189 and combines it with the previously approved information collections (IC) under OMB Control Nos. 9000-0097 and 9000-0197, with the new title “Certain Federal Acquisition Regulation Part 4 Requirements”. Upon approval of this consolidated IC, OMB Control Nos. 9000-0097 and 9000-0197 will be discontinued. The burden requirements previously approved under the discontinued numbers will be covered under OMB Control No. 9000-0189. This clearance covers the information that offerors and contractors must submit to comply with the following FAR requirements: a. FAR 52.204-3, and 52.212-3(l) - Taxpayer Identification Number Information. When there is not a requirement to be registered in the System for Award Management (SAM), offerors are required to submit their Taxpayer Identification Number (TIN) information by the provision at FAR 52.204-3, Taxpayer Identification, for other than commercial acquisitions, and by paragraph (l) of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Products and Commercial Services, for commercial acquisitions. b. FAR 52.204-6, 52.212-1(j), and 52.204-12 - Unique Entity Identifier. When there is not a requirement to be registered in SAM, offerors are required to submit their unique entity identifier by the provision at FAR 52.204-6, Unique Entity Identifier, for other than commercial acquisitions, and by paragraph (j) of the provision at FAR 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services, for commercial acquisitions. The clause at FAR 52.204-12, Unique Entity Identifier Maintenance, requires contractors to maintain their unique entity identifier with the organization designated in SAM to issue such identifiers, for the life of the contract. The clause also requires contractors to notify contracting officers of any changes to the unique entity identifier. c. FAR 52.204-7, 52.204-13, and 52.212-3(b) - SAM Registration and Maintenance. The provision at FAR 52.204-7, SAM, requires offerors to be registered in SAM when submitting an offer or quotation, except in certain limited cases, and to continue to be registered through final payment of any award that results from such offer. The clause at FAR 52.204-13, SAM Maintenance, requires contractors to make sure their SAM data is kept current, accurate, and complete throughout contract performance and final payment; this maintenance is, at a minimum, to be done through an annual review and update of the contractor’s SAM registration. Paragraph (b) of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Products and Commercial Services, contains the equivalent of FAR 52.204-7 and 52.204-13, for commercial acquisitions. d. FAR 52.204-14, and 52.204-15 - Service Contract Reporting Requirements. The clauses at FAR 52.204-14, Service Contract Reporting Requirements, and FAR 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts, require contractors to report information in SAM annually. e. FAR 52.204-20, Predecessor of Offeror. This provision requires offerors to identify if the offeror is, within the last three years, a successor to to another entity that received a Federal Government award and, if so, to provide the Commercial and Government Entity (CAGE) code and legal name of the predecessor. f. FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. This clause requires contractors to report, in writing, to the contracting officer, any instance when the contractor identifies a covered article provided to the Government during contract performance, or if contractors are notified of such an event by subcontractors at any tier or any other source.

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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:
	86 FR 67470	11/26/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 4601	01/28/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 8

IC Title	Form No.	Form Name
Predecessor of Offeror
Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities
Requesting a Unique Entity Identifier
SAM Maintenance
SAM Registration
Service Contract Reporting Requirements
Taxpayer Identification Number Information
Unique Entity Identifier--Submitting a Unique Identifier

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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	843,616	974	0	842,642	0	0
Annual Time Burden (Hours)	419,779	97	0	419,682	0	0
Annual Cost Burden (Dollars)	19,009,835	5,260	0	19,004,575	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: This collection is being combined with the previously approved information collections under OMB Control Nos. 9000-0097 and 9000-0197, with the new title “Certain Federal Acquisition Regulation Part 4 Requirements”. There are no program changes. The FAR requirements remain the same. The burden has been adjusted by using the most currently available data from FPDS and SAM. The estimated cost to the public and to the Government was updated based on use of calendar year 2021 OPM GS wage rates for the rest of the United States.

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Annual Cost to Federal Government: $13,616,566

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: 01/29/2022

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