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
Extension without change of a currently approved collection
No
Regular
05/02/2022
Requested
Previously Approved
36 Months From Approved
05/31/2022
165,570
166,146
735,631
782,525
50,758,261
50,358,274
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.
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.
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:
(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;
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.
9000-0107 Supporting Statement 2022.04.26.docx
Drug Free Workplace