Federal Acquisition Regulation Part 23 Requirements--FAR Sections Affected: 5.223-2, 52.223-5 thru 52.223-7, 52.223-9, 52.223-11, 52.223-12, and 52.223-22

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
9000-0107 Supporting Statement 2022.04.26.docx	Supporting Statement A	Uploaded 2022-05-02	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
36626	Drug Free Workplace		Modified
253170	Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners		New
253168	Pollution Prevention and Right-to-Know Information -- Facility Compliance Audit		New
253167	Pollution Prevention and Right-to-Know Information -- Environmental Management System		New
253166	Pollution Prevention and Right-to-Know Information -- Toxic Chemical Release		New
234498	Affirmative Procurement of Biobased Products Under Service and Construction Contracts		Modified
234497	Estimate of Percentage of Recovered Material Content for EPA-Designated Items		Modified
234496	Pollution Prevention and Right-to-Know Information -- Emergency Planning and Hazardous Chemicals		Modified
234495	Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation		Modified
234494	Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons		Modified
234493	Notice of Radioactive Materials		Modified

ICR Details

OMB Control No: 9000-0107	ICR Reference No: 202205-9000-001
Status: Historical Active	Previous ICR Reference No: 201812-9000-001
Agency/Subagency: FAR	Agency Tracking No:
Title: Federal Acquisition Regulation Part 23 Requirements--FAR Sections Affected: 5.223-2, 52.223-5 thru 52.223-7, 52.223-9, 52.223-11, 52.223-12, and 52.223-22
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 07/05/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 05/02/2022
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2025	36 Months From Approved	07/31/2022
Responses	165,570	0	166,146
Time Burden (Hours)	735,631	0	782,525
Cost Burden (Dollars)	50,758,261	0	50,358,274

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Abstract: This clearance covers the information that offerors and contractors must submit to comply with the following Federal Acquisition Regulation (FAR) part 23 requirements: • FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. Requires the contractor to report annually the product types and dollar value of any United States Department of Agriculture (USDA)-designated biobased products purchased by the contractor during the previous Government fiscal year. • FAR 52.223-5, Pollution Prevention and Right-to-Know Information. Requires a contractor that is performing at a federal facility to provide all information needed by the federal facility to comply with Emergency Planning and Community Right-to-Know Act of 1986 and the Pollution Prevention Act of 1990. Contractors report information related to emergency planning and hazardous chemicals reporting, toxic chemical release, its environmental management system (EMS), and a facility compliance audit (FCA) or EMS audit. • FAR 52.223-6, Drug-Free Workplace. Requires a contractor to require its employees to notify it of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. The contractor is further required to notify the contracting officer in writing within ten days after receiving notice of an employee conviction. • FAR 52.223-7, Notice of Radioactive Material. Requires the contractor to notify the contracting officer or a designee in writing prior to the delivery of, or prior to completion of any servicing required by the contract of, items containing certain radioactive material. The notice shall specify the part or parts of the items which contain radioactive materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the contractor which will put users of the items on notice as to the hazards involved. • FAR 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items. Requires the contractor, upon completion of the contract, to submit to the Government an estimate of the percentage of the total recovered material content for Environmental Protection Agency (EPA)-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content. • FAR 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. Requires the contractor to report annually and at the end of contract performance the amount in pounds of any hydrofluorocarbons (or refrigerant blends containing hydrofluorocarbons) added or taken out of any equipment or appliances to be delivered under the contract. The reporting requirement applies to equipment that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons. • FAR 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners. Requires the contractor to report annually and at the end of contract performance the amount in pounds of any hydrofluorocarbons (or refrigerant blends containing hydrofluorocarbons) added or taken out of refrigeration or air conditioning equipment to be maintained, serviced, repaired, or disposed of under the contract. The reporting requirement applies to equipment that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons. • FAR 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation. Requires offerors that received $7.5 million or more in total contract awards during the previous Federal fiscal year to represent whether it publicly discloses (itself or through its immediate or highest-level owner) its greenhouse gas emissions and a quantitative greenhouse gas reduction goal.

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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:
	87 FR 10214	02/23/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 25637	05/02/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 11

table that charts list of burden

IC Title	Form No.	Form Name
Affirmative Procurement of Biobased Products Under Service and Construction Contracts
Drug Free Workplace
Estimate of Percentage of Recovered Material Content for EPA-Designated Items
Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners
Notice of Radioactive Materials
Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons
Pollution Prevention and Right-to-Know Information -- Facility Compliance Audit
Pollution Prevention and Right-to-Know Information -- Environmental Management System
Pollution Prevention and Right-to-Know Information -- Toxic Chemical Release
Pollution Prevention and Right-to-Know Information -- Emergency Planning and Hazardous Chemicals
Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation

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ICR Summary of Burden

table that charts list 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	165,570	166,146	0	-576	0	0
Annual Time Burden (Hours)	735,631	782,525	0	-46,894	0	0
Annual Cost Burden (Dollars)	50,758,261	50,358,274	0	399,987	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: Miscellaneous Actions

Short Statement: This extension includes updates to the burden as follows: • The estimated cost per hour is based on the current (calendar year 2022) OPM GS hourly rate for the rest of the United States, plus 36.25%, rounded to the nearest whole dollar. There are no changes to the specific GS levels identified for each burden estimate. • Where FPDS data is used, the estimated number of respondents and responses per year are based on the average of FPDS data for the three most recent fiscal years (2019 through 2021). The parameters for data pulled from FPDS for each clause is consistent with the prescription for each clause, resulting in changes to the number of respondents and average contracts per respondent for the burden estimates for the clauses at FAR 52.223-2, 52.223-6, 52.223-7, 52.223-9, 52.223-11, and 52.223-12. • The annual responses per respondent for FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, are revised from five responses per contractor to two responses per contract per contractor (or six total responses), since the contractor submits the report annually and at the end of contract performance. • The FPDS data for FAR 52.223-7, Notice of Radioactive Material, is now based on contract awards with certain PSCs instead of North American Industrial Classification System (NAICS) Codes. NAICS Codes identify specific business functions, while PSCs are for the product itself. Since the clause prescription identifies specific supplies that normally contain radioactive material, PSC is more appropriate for generating an estimate of potentially impacted contracts. In addition, an assumption is made that one out of six contracts per contractor may be impacted; this is in lieu of estimated the percentage of respondents that would report. This resulted in an increased from 500 respondents and 2,500 responses to 2,328 respondents and 11,640 responses. • The estimated number of potential respondents to complete the representation in FAR 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, is increased from 7,740 to 8,000 given the public attention to climate change.

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Annual Cost to Federal Government: $16,253,428

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: 05/02/2022

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