Federal Acquisition Regulation Part 3: Improper Business Practices and Personal Conflicts of Interest--FAR sections affected: 52.203-2, 52.203-7, 52.203-13, and 52.203-16

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
9000-0018 PRA Supporting Statement Part A 03.19.2024.docx	Supporting Statement A	Uploaded 2024-03-25	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
36409	Certificate of Independent Price Determination		Modified
266291	Preventing Personal Conflicts of Interest -- Recordkeeping		New
266290	Preventing Personal Conflicts of Interest--Mitigation Plan or Waiver Requests		New
245687	Anti-Kickback Procedures		Modified
227252	Preventing Personal Conflicts of Interest		Modified
227251	Contractor Code of Business Ethics and Conduct		Modified

ICR Details

OMB Control No: 9000-0018	ICR Reference No: 202403-9000-004
Status: Active	Previous ICR Reference No: 202102-9000-002
Agency/Subagency: FAR	Agency Tracking No:
Title: Federal Acquisition Regulation Part 3: Improper Business Practices and Personal Conflicts of Interest--FAR sections affected: 52.203-2, 52.203-7, 52.203-13, and 52.203-16
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 without change	Conclusion Date: 05/06/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 03/25/2024
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2027	36 Months From Approved	04/30/2024
Responses	352,297	0	342,019
Time Burden (Hours)	677,460	0	627,164
Cost Burden (Dollars)	52,378,800	0	39,619,380

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Abstract: This clearance covers the information that offerors and contractors must submit to comply with the following FAR part 3 requirements: ● FAR 52.203-2, Certificate of Independent Price Determination. This provision requires offerors to include with their offer a certification that their prices have been arrived at independently, have not been or will not be knowingly disclosed, and have not been submitted for the purpose of restricting competition. ● FAR 52.203-7, Anti-Kickback Procedures. This clause requires contractors to report in writing to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General possible violations of 41 U.S.C. Chapter 87, Kickbacks. The clause also requires the contractor to notify the contracting officer when monies are withheld from sums owed a subcontractor under the prime contract, when the contracting officer has directed the prime contractor to do so to offset the amount of a kickback. ● FAR 52.203-13, Contractor Code of Business Ethics and Conduct. This clause requires contractors and subcontractors to report to the agency Office of the Inspector General when the contractor has credible evidence that a principal, employee, agent, or subcontractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C., or a violation of the Civil False Claims Act (31 U.S.C. 3729-3733). ● FAR 52.203-16, Preventing Personal Conflicts of Interest. This clause requires contractors and subcontractors to obtain and maintain from each employee a disclosure of interests that might be affected by the task to which the employee has been assigned under the contract. Contractors and subcontractors must report to the contracting officer any personal conflict of interest violation by an employee and the proposed corrective/follow-up actions to be taken. In exceptional circumstances, the contractor may request the head of the contracting activity approve a plan to mitigate a personal conflict of interest or waive the requirement to prevent personal conflicts of interest.

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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:
	89 FR 2952	01/17/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 20655	03/25/2024
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 6

table that charts list of burden

IC Title	Form No.	Form Name
Anti-Kickback Procedures
Certificate of Independent Price Determination
Contractor Code of Business Ethics and Conduct
Preventing Personal Conflicts of Interest
Preventing Personal Conflicts of Interest -- Recordkeeping
Preventing Personal Conflicts of Interest--Mitigation Plan or Waiver Requests

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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	352,297	342,019	0	10,278	0	0
Annual Time Burden (Hours)	677,460	627,164	0	50,296	0	0
Annual Cost Burden (Dollars)	52,378,800	39,619,380	0	12,759,420	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 adjustments to the public and Government burden estimates based on the following: ● The estimated number of respondents and responses per year is based on FPDS data for the three most recent fiscal years (2020 through 2022). ● The estimated cost per hour is based on use of the current (calendar year 2024) OPM GS wage rates for the rest of the United States or Rates of Basic Pay for the Executive Schedule, as appropriate, that are effective January 2024, found at www.opm.gov.

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Annual Cost to Federal Government: $2,860,094

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: 03/25/2024

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