2014-26937. Federal Acquisition Regulation; Submission to OMB for Review; Place of Performance

AGENCIES:

Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).

ACTION:

Notice of request for public comments regarding an extension to an existing OMB clearance.

SUMMARY:

Under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35), the Regulatory Secretariat Division (MVCB) will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning place of performance. A notice was published in the Federal Register at 79 FR 41286 on July 15, 2014. There were two comments received.

DATES:

Submit comments on or before December 15, 2014.

ADDRESSES:

Submit comments identified by Information Collection 9000-0047, Place of Performance by any of the following methods:

• Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB Control number 9000-0047. Select the link “Comment Now” that corresponds with “Information Collection 9000-0047, Place of Performance”. Follow the instructions provided on the screen. Please include your name, company name (if any), and “Information Collection 9000-0047 Place of Performance” on your attached document.
• Fax: [phone].
• Mail: General Services Administration, Regulatory Secretariat Division (MVCB) 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Hada Flowers/IC 9000-0047, Place of Performance.

Instructions: Please submit comments only and cite Information Collection 9000-0047 Place of Performance, in all correspondence related to this collection. All comments received will be posted without change to http://www.regulations.gov,, including any personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT:

Mr. Michael O. Jackson, Procurement Analyst, Acquisition Policy Division at 202-208-4949 or email [e-mail].

A. Purpose

The information relative to the place of performance and owner of plant or facility, if other than the prospective contractor, is a basic requirement when contracting for supplies or services (including construction). A prospective contractor must affirmatively demonstrate its responsibility. Hence, the Government must be apprised of this information prior to award. The contracting officer must know the place of performance and the owner of the plant or facility to (1) determine bidder responsibility; (2) determine price reasonableness; (3) conduct plant or source inspections; and (4) determine whether the prospective contractor is a manufacturer or a regular dealer. The information is used to determine the prospective contractor's eligibility for awards and to assure proper preparation of the contract. Prospective contractors are only required to submit place of performance information on an exceptional basis; that is, whenever the place of performance for a specific solicitation is different from the address of the prospective contractor as indicated in the proposal.

B. Discussion and Analysis

One respondent submitted public comments on the extension of the previously approved information collection. The analysis of the public comments is summarized as follows:

Comment: The respondent commented that “place of performance” information is competitive data. The respondent expressed concern that the manufacturer of its supplies would be revealed to competitors if the information was provided to the contracting officer.

Response: The information relative to the place of performance and owner of plant or facility is instrumental in determining bidder responsibility, responsiveness, and price reasonableness. The information is used to determine the firm's eligibility for awards and to assure proper preparation of the contract.

Comment: The respondent stated that the “place of performance” field on the DD Form 1155 is mandatory throughout the Department of Defense (DoD) and recommended that it be required throughout the Federal government.

Response: This comment is outside the parameters of this information collection. The DD Form 1155 was developed by DoD for use by DoD contracting activities.

C. Annual Reporting Burden

Time required to read, prepare, and record information is estimated at 2.73 minutes per completion. The Federal Procurement Data System (FPDS) shows that for fiscal year 2013, there were 2,090,428 new actions (including contracts and orders, excluding modifications) for manufacturing in the United States. The 2,090,428 actions will be used as the new basis for total annual responses.

Respondents: 149,316.

Responses per Respondent: 14.

Total Responses: 2,090,428.

Hours per Response: .0455.

Total Burden Hours: 95,114.

D. Public Comments

Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; and ways to enhance the quality, utility, and clarity of the information to be collected.

Obtaining Copies Of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405 telephone [phone]. Please cite OMB Control No. 9000-0047, Place of Performance, in all correspondence.

Dated: November 3, 2014.

Edward Loeb,

Acting Director, Federal Acquisition Policy Division, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy.