Extraordinary Contractual Action Requests - FAR Sections Affected: 50.103-3, 50.103-4, 50.104-3 and 52.250-1

Forms and Documents

Document Name	Status
9000-0045 Supporting Statement 7.05.2022.docx Supporting Statement A	2022-07-19

IC Document Collections

IC ID	Document Title	Status
36433	Extraordinary Contractual Action Requests - FAR Sections Affected: 50.103-3, 50.103-4, 50.104-3 and 52.250-1	Modified

ICR Details

OMB Control No: 9000-0029	ICR Reference No: 202207-9000-003
Status: Received in OIRA	Previous ICR Reference No: 201908-9000-006
Agency/Subagency: FAR	Agency Tracking No:
Title: Extraordinary Contractual Action Requests - FAR Sections Affected: 50.103-3, 50.103-4, 50.104-3 and 52.250-1
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/19/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	09/30/2022
Responses	165	165
Time Burden (Hours)	6,848	6,848
Cost Burden (Dollars)	568,384	373,890

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Abstract: This justification supports an extension of OMB Control No. 9000-0029. This clearance covers the information that contractors must submit to comply with the following Federal Acquisition Regulation (FAR) requirements: FAR 50.103-3, Contract Adjustment. FAR 50.103-3 specifies the minimum information that a contractor must include when seeking a contract adjustment that would facilitate the national defense, as set forth in Pub. L. 85-804. The request, normally a letter, shall state as a minimum - (1) The precise adjustment requested; (2) The essential facts, summarized chronologically in narrative form; (3) The contractor's conclusions based on these facts, showing, in terms of the considerations set forth in FAR 50.103-1 and 50.103-2, when the contractor considers itself entitled to the adjustment; and (4) Whether or not - (i) All obligations under the contracts involved have been discharged; (ii) Final payment under the contracts involved has been made; (iii) Any proceeds from the request will be subject to assignment or other transfer, and to whom; and (iv) The contractor has sought the same, or a similar or related, adjustment from the Government Accountability Office or any other part of the Government, or anticipates doing so. If the request exceeds the simplified acquisition threshold, the contractor must certify that the request is made in good faith and the data are accurate and complete. FAR 50.103-4, Facts and Evidence. FAR 50.103-4 sets forth additional information that the contracting officer or other agency official may request from the contractor to support any request made under FAR 50.103-3. FAR 50.104-3 Special Procedures for Unusually Hazardous or Nuclear Risks. FAR 50.104-3 provides the information a contractor shall submit to the contracting officer when requesting the inclusion of the indemnification clause for unusually hazardous or nuclear risks at FAR 52.250-1. FAR 52.250-1, Indemnification Under Public Law 85-804. This clause allows contractors to be indemnified against unusually hazardous or nuclear risks. Paragraph (g) requires the contractor to promptly notify the contracting officer and furnish pertinent information for any claim or loss that may involve indemnification under the clause.

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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 29315	05/13/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 43037	07/19/2022
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Extraordinary Contractual Action Requests - FAR Sections Affected: 50.103-3, 50.103-4, 50.104-3 and 52.250-1

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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	165	165	0	0	0	0
Annual Time Burden (Hours)	6,848	6,848	0	0	0	0
Annual Cost Burden (Dollars)	568,384	373,890	0	194,494	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $325,360

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: 07/19/2022

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