Certain Federal Acquisition Regulation Part 9 Requirements ; FAR Sections Affected: 52.209-1, 52.209-2, 52.209-5 thru 52.209-7, 52.209-9 thru 52.209-13, 52.212-3(h), 52.212-3(n), and 52.212-3(q)

Forms and Documents

Document	Type	Status	Availability
9000-0198 Supporting Statement 2.15.2022.docx	Supporting Statement A	Uploaded 2022-02-25	Repair queued

IC Document Collections

IC ID	Collection	Type	Status	Form
251782	Violations of Arms Control Treaties or Agreements with the United States--Additional Certification		New
251781	Violations of Arms Control Treaties or Agreements with the United States--First Certification		New
251780	Prohibition on Contracting With Corporations with Delinquent Taxes or a Felony Conviction		New
251777	Information Regarding Responsibility Matters and Updates to that Publicly Available Information		New
251745	Debarment, Suspension, and other Responsibility Matters		New
251743	Debarment, Suspension, and other Responsibility Matters		New
251742	Prohibition on Contracting with Inverted Domestic Corporations		New
229011	Qualification Requirements		Modified

ICR Details

OMB Control No: 9000-0198	ICR Reference No: 202202-9000-001
Status: Received in OIRA	Previous ICR Reference No: 201811-9000-001
Agency/Subagency: FAR	Agency Tracking No:
Title: Certain Federal Acquisition Regulation Part 9 Requirements ; FAR Sections Affected: 52.209-1, 52.209-2, 52.209-5 thru 52.209-7, 52.209-9 thru 52.209-13, 52.212-3(h), 52.212-3(n), and 52.212-3(q)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 02/25/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	02/28/2022
Responses	1,934,740	100,052
Time Burden (Hours)	538,707	40,021
Cost Burden (Dollars)	31,331,490	2,988,489

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Abstract: This justification supports the revision of the expiration date of OMB Control No. 9000-0198 and combines it with the previously approved information collections under OMB Control Nos. 9000-0083 and 9000-0193, with the new title “Certain Federal Acquisition Regulation Part 9 Requirements”. Upon approval of this consolidated information collection, OMB Control Nos. 9000-0083 and 9000-0193 will be discontinued. The burden requirements previously approved under the discontinued numbers will be covered under OMB Control No. 9000-0198. This clearance covers the information that offerors and contractors must submit to comply with the following FAR requirements: a. FAR 52.209-1, Qualification Requirements. Contracting officers use the collected information to ensure that an offeror, manufacturer, source, product or service covered by a qualification requirement meets the standards specified in the solicitation or contract. b. FAR 52.209-2, 52.209-10, and 52.212-3(n), Prohibition on Contracting with Inverted Domestic Corporations. Contracting officers use the collected information in the source selection process, in evaluating an offeror’s responsibility for contract award. When an offeror provides an affirmative response to the representation in FAR provisions 52.209-2 or 52.212-3(n), the contracting officer is prohibited from making an award to that offeror unless an exception at FAR 9.108-2(b) applies or the requirement is waived in accordance with the procedures at FAR 9.108-4. The information provided by contractors under FAR clause 52.209-10 is used to determine if the Government is prohibited from paying the contractor for activities performed after the date when it becomes an inverted domestic corporation or subsidiary. c. FAR 52.209-5, 52.209-6, and 52.212-3(h), Debarment, Suspension, and other Responsibility Matters. Contracting officers use the collected information to determine an offeror’s responsibility for contract award. When an offeror provides an affirmative response to the certification in FAR provisions 52.209-5 or 52.212-3(h), the contracting officer is required to request additional information from the offeror and notify, prior to proceeding with award, the agency official responsible for initiating debarment or suspension action. Prime contractors use the collected information under paragraph (c) of the FAR clause at 52.209-6 to determine a subcontractor’s responsibility. d. FAR 52.209-7 and 52.209-9, Information Regarding Responsibility Matters and Updates to that Publicly Available Information. Contracting officers use the collected information to determine an offeror’s responsibility for contract award. When an offeror provides an affirmative response to the certification in FAR provision 52.209-7, the contracting officer is required to request additional information from the offeror and notify, prior to proceeding with award, the agency official responsible for initiating debarment or suspension action. Contracting officers use the collected information under FAR clause 52.209-9 in determining contractor’s responsibility when they are an offeror for subsequent procurements. e. FAR 52.209-11, 52.209-12, and 52.212-3(q), Prohibition on Contracting With Corporations with Delinquent Taxes or a Felony Conviction. Contracting officers use the collected information to determine an offeror’s responsibility for contract award. When an offeror provides an affirmative response to the representation in FAR provision 52.209-11 or 52.212-3(q), the contracting officer is required to request additional information from the offeror and notify the agency official responsible for initiating debarment or suspension action. f. FAR 52.209-13, Violations of Arms Control Treaties or Agreements with the United States. Contracting officers use the collected information to determine whether the offeror is eligible for award.

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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 71500	12/16/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 9357	02/18/2022
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
Debarment, Suspension, and other Responsibility Matters
Debarment, Suspension, and other Responsibility Matters
Information Regarding Responsibility Matters and Updates to that Publicly Available Information
Prohibition on Contracting With Corporations with Delinquent Taxes or a Felony Conviction
Prohibition on Contracting with Inverted Domestic Corporations
Qualification Requirements
Violations of Arms Control Treaties or Agreements with the United States--Additional Certification
Violations of Arms Control Treaties or Agreements with the United States--First Certification

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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	1,934,740	100,052	0	1,834,688	0	0
Annual Time Burden (Hours)	538,707	40,021	0	498,686	0	0
Annual Cost Burden (Dollars)	31,331,490	2,988,489	0	28,343,001	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: Yes

Burden Reduction Due to: Cutting Redundancy

Short Statement: OMB Control No. 9000-0198 has been combined with the previously approved information collections under OMB Control Nos. 9000-0083 and 9000-0193, with the new title “Certain Federal Acquisition Regulation Part 9 Requirements”. The FAR requirements remain the same. The increase in burden hours is an adjustment due to use of the most current SAM, FPDS, and FSRS data available. The estimated cost to the public and to the Government was updated based on use of the 2021 OPM GS wage rates for the rest of the United States.

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Annual Cost to Federal Government: $17,126,610

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: 02/25/2022

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