Presolicitation Notice and Response - FAR Sections Affected: 14.205; 15.201(c); and 36.213-2

Forms and Documents

Document Name	Status
9000-0037 PRA Supporting Statement Part A 11.21.2023.docx Supporting Statement A	2023-11-28

IC Document Collections

IC ID	Document Title	Status
43425	Presolicitation Notice and Response - FAR Sections Affected:Presolicitation Notice and Response - FAR Sections Affected: 14.205; 15.201(c); and 36.213-2	Modified

ICR Details

OMB Control No: 9000-0037	ICR Reference No: 202311-9000-004
Status: Received in OIRA	Previous ICR Reference No: 202101-9000-002
Agency/Subagency: FAR	Agency Tracking No:
Title: Presolicitation Notice and Response - FAR Sections Affected: 14.205; 15.201(c); and 36.213-2
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: 11/28/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	03/31/2024
Responses	429,654	178,260
Time Burden (Hours)	34,372	14,261
Cost Burden (Dollars)	1,924,807	670,267

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Abstract: This clearance covers the information that offerors must submit to comply with the following FAR requirements: ● FAR 14.205. For sealed bidding, presolicitation notices briefly describe requirements and provide other essential information to enable potential bidders to determine whether they have an interest in the invitation and if appropriate, respond by communicating their interest in receiving the invitation for bid. ● FAR 15.201(c). For contracting by negotiation, presolicitation notices provide a means of early exchanges of information about future acquisitions between Government and industry, to which potential offerors may respond with feedback concerning acquisition strategy, terms and conditions, and any other concerns or questions. ● FAR 36.213-2. For construction contracts, presolicitation notices are required for construction requirements in excess of the simplified acquisition threshold to communicate essential information on the requirements, to which potential bidders may respond by communicating their interest in receiving the invitation for bid. Presolicitation notices are used by the Government to inform, and, where specified, solicit a response from potential offerors or bidders. The primary purposes of the notices are to improve small business access to acquisition information and enhance competition by identifying contracting and subcontracting opportunities.

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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:
	88 FR 64434	09/19/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 83131	11/28/2023
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
Presolicitation Notice and Response - FAR Sections Affected:Presolicitation Notice and Response - FAR Sections Affected: 14.205; 15.201(c); and 36.213-2

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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	429,654	178,260	0	251,394	0	0
Annual Time Burden (Hours)	34,372	14,261	0	20,111	0	0
Annual Cost Burden (Dollars)	1,924,807	670,267	0	1,254,540	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 extension includes adjustments to the public and Government burden estimates based on the following: ● The estimated number of respondents and responses per year is based on the historical average of SAM data for the three most recent fiscal years (2020 through 2022). ● The estimated cost per hour is based on use of the calendar year 2023 OPM GS wage rate for the rest of the United States. ● The previous extension only accounted for the “Presolicitation” type of notice in SAM. Although it might result in an overestimation of the burden, to better provide coverage for actions under FAR 15.201(c), this extension accounts for two types of notices as they are defined in SAM: ○ Presolicitation. This notice type is used to advise suppliers on the scope and purpose of the acquisition and to invite potential offerors to submit information. This allows the Government to advise the offerors about their potential to be viable competitors. ○ Sources Sought. This notice type is used for Requests for Information (RFI) and other types of market research. An RFI may be used to obtain price, delivery, other market information, or capabilities for planning purposes.

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Annual Cost to Federal Government: $4,018,112

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: 11/28/2023

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