Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Notices 93291 

FOR FURTHER INFORMATION CONTACT: Ms. 

Debra A. Decker, Committee 

Management Officer of the FDIC, at 

(202) 898–8748 or DeDecker@fdic.gov. 

SUPPLEMENTARY INFORMATION: The 

Committee has been a successful 

undertaking by the FDIC and has 

provided valuable feedback to the 

agency on important initiatives focused 

on expanding access to banking services 

for underserved populations. The 

Committee will continue to provide 

advice and recommendations on 

initiatives to expand access to banking 

services for underserved populations. 

The Committee will continue to review 

various issues that may include, but not 

be limited to, basic retail financial 

services such as low-cost, sustainable 

transaction accounts, savings accounts, 

small dollar lending, prepaid cards, 

money orders, remittances, the use of 

new technologies, and other services to 

promote access to the mainstream 

banking system, asset accumulation, 

and financial stability. The structure 

and responsibilities of the Committee 

are unchanged from when it was 

originally established in November 

2006. The Committee will continue to 

operate in accordance with the 

provisions of the Federal Advisory 

Committee Act, 5 U.S.C. 1001 et seq. 

Federal Deposit Insurance Corporation. 

Dated at Washington, DC, on November 21, 

2024. 

James P. Sheesley, 

Assistant Executive Secretary. 

[FR Doc. 2024–27672 Filed 11–25–24; 8:45 am] 

BILLING CODE 6714–01–P 

FEDERAL MARITIME COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: December 4, 2024; 1:00 

p.m. 

PLACE: The meeting will be held at the 

Surface Transportation Board at the 

address below and also streamed live on 

the Federal Maritime Commission’s 

YouTube channel. 

Surface Transportation Board, 395 E 

Street SW, Room #1042 (Hearing 

Room), Washington, DC 20423 

STATUS: The meeting will be held on 

December 4, 2024, beginning at 1:00 

p.m. in the Hearing Room of the Surface 

Transportation Board. The meeting will 

be open for public observation and 

streamed live on the Federal Maritime 

Commission’s YouTube channel. Any 

person wishing to attend the meeting in 

person should register in advance by 

submitting their name to secretary@

fmc.gov no later than 5 p.m. EST on 

December 2, 2024. In-person attendees 

should report to the Surface 

Transportation Board with enough time 

to clear building security procedures. If 

technical issues prevent the 

Commission from streaming live, the 

Commission will post a recording of the 

meeting on the Commission’s YouTube 

channel following the meeting. 

MATTERS TO BE CONSIDERED: 

1. Oral argument in Docket No. 22–12, 

International Longshoremen’s 

Association v. Gateway Terminals, 

LLC, et al. 

CONTACT PERSON FOR MORE INFORMATION: 

David Eng, Secretary, (202) 523–5725. 

David Eng, 

Secretary, Federal Maritime Commission. 

[FR Doc. 2024–27854 Filed 11–22–24; 4:15 pm] 

BILLING CODE 6730–02–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0149; Docket No. 

2024–0053; Sequence No. 17] 

Information Collection; Subcontract 

Consent and Contractors’ Purchasing 

System Review 

AGENCY: Department of Defense (DOD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, and 

the Office of Management and Budget 

(OMB) regulations, DoD, GSA, and 

NASA invite the public to comment on 

an extension concerning subcontract 

consent and contractors’ purchasing 

system review. DoD, GSA, and NASA 

invite comments on: whether the 

proposed collection of information is 

necessary for the proper performance of 

the functions of Federal Government 

acquisitions, including whether the 

information will have practical utility; 

the accuracy of the estimate of the 

burden of the proposed information 

collection; ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and ways to minimize the 

burden of the information collection on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

OMB has approved this information 

collection for use through April 30, 

2025. DoD, GSA, and NASA propose 

that OMB extend its approval for use for 

three additional years beyond the 

current expiration date. 

DATES: DoD, GSA, and NASA will 

consider all comments received by 

January 27, 2025. 

ADDRESSES: DoD, GSA, and NASA 

invite interested persons to submit 

comments on this collection through 

https://www.regulations.gov and follow 

the instructions on the site. This website 

provides the ability to type short 

comments directly into the comment 

field or attach a file for lengthier 

comments. If there are difficulties 

submitting comments, contact the GSA 

Regulatory Secretariat Division at 202– 

501–4755 or GSARegSec@gsa.gov. 

Instructions: All items submitted 

must cite OMB Control No. 9000–0149, 

Subcontract Consent and Contractors’ 

Purchasing System Review. Comments 

received generally will be posted 

without change to https://

www.regulations.gov, including any 

personal and/or business confidential 

information provided. To confirm 

receipt of your comment(s), please 

check www.regulations.gov, 

approximately two-to-three days after 

submission to verify posting. 

FOR FURTHER INFORMATION CONTACT: 

Zenaida Delgado, Procurement Analyst, 

at telephone 202–969–7207, or 

zenaida.delgado@gsa.gov. 

SUPPLEMENTARY INFORMATION: 

A. OMB Control Number, Title, and 

Any Associated Form(s) 

9000–0149, Subcontract Consent and 

Contractors’ Purchasing System Review. 

B. Need and Uses 

This clearance covers the information 

that contractors must submit to comply 

with the requirements in the Federal 

Acquisition Regulation (FAR) clause at 

52.244–2, Subcontracts, regarding 

consent to subcontract, advance 

notification, and contractors’ purchasing 

system review as follows: 

1. Consent to subcontract. This is the 

contracting officer’s written consent for 

the prime contractor to enter into a 

particular subcontract. In order for the 

contracting officer responsible for 

consent to make an informed decision, 

the prime contractor must submit 

adequate information to ensure that the 

proposed subcontract is appropriate for 

the risks involved and consistent with 

current policy and sound business 

judgment. Paragraph (e)(1) of the FAR 

clause at 52.244–2, requires prime 

contractors to submit the following 

information: 


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93292 Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Notices 

(i) A description of the supplies or 

services to be subcontracted. 

(ii) Identification of the type of 

subcontract to be used. 

(iii) Identification of the proposed 

subcontractor. 

(iv) The proposed subcontract price. 

(v) The subcontractor’s current, 

complete, and accurate certified cost or 

pricing data and Certificate of Current 

Cost or Pricing Data, if required by other 

contract provisions. 

(vi) The subcontractor’s Disclosure 

Statement or Certificate relating to Cost 

Accounting Standards when such data 

are required by other provisions of the 

contract. 

(vii) A negotiation memorandum 

reflecting— 

(A) The principal elements of the 

subcontract price negotiations; 

(B) The most significant 

considerations controlling 

establishment of initial or revised 

prices; 

(C) The reason certified cost or pricing 

data were or were not required; 

(D) The extent, if any, to which the 

Contractor did not rely on the 

subcontractor’s certified cost or pricing 

data in determining the price objective 

and in negotiating the final price; 

(E) The extent to which it was 

recognized in the negotiation that the 

subcontractor’s certified cost or pricing 

data were not accurate, complete, or 

current; the action taken by the 

Contractor and the subcontractor; and 

the effect of any such defective data on 

the total price negotiated; 

(F) The reasons for any significant 

difference between the Contractor’s 

price objective and the price negotiated; 

and 

(G) A complete explanation of the 

incentive fee or profit plan when 

incentives are used. The explanation 

shall identify each critical performance 

element, management decisions used to 

quantify each incentive element, 

reasons for the incentives, and a 

summary of all trade-off possibilities 

considered. 

If the contractor has an approved 

purchasing system, consent is required 

for subcontracts specifically identified 

by the contracting officer in paragraph 

(d) of the FAR clause at 52.244–2. The 

contracting officer may require consent 

to subcontract if the contracting officer 

has determined that an individual 

consent action is required to protect the 

Government adequately because of the 

subcontract type, complexity, or value, 

or because the subcontract needs special 

surveillance. These can be subcontracts 

for critical systems, subsystems, 

components, or services. 

If the contractor does not have an 

approved purchasing system, consent to 

subcontract is required for costreimbursement, time-and-materials, 

labor-hour, or letter contracts, and also 

for unpriced actions under fixed-price 

contracts that exceed the simplified 

acquisition threshold. 

Contracting Officers use the 

information to ensure contractors’ 

compliance with Government policy 

when subcontracting. 

2. Advance notification. Paragraph 

(e)(1) of the FAR clause at 52.244–2 

requires contractors to notify the 

contracting officer reasonably in 

advance of placing any subcontract or 

modification thereof for which consent 

is required under paragraph (b), (c), or 

(d) of the clause. 

Contracting Officers use the 

information to ensure compliance with 

the statutory requirements in 10 U.S.C. 

3322(c) and 41 U.S.C. 3905. 

3. Contractors’ Purchasing System 

Review. Paragraph (i) of FAR clause 

52.244–2 specifies that the Government 

reserves the right to review the 

contractor’s purchasing system as set 

forth in FAR subpart 44.3. This clause 

is the mechanism through which the 

requirements of FAR subpart 44.3 are 

applied to contractors. 

FAR 44.302 requires the 

administrative contracting officer (ACO) 

to determine the need for a Contractors’ 

Purchasing System Review (CPSR) 

based on, but not limited to, the past 

performance of the contractor, and the 

volume, complexity and dollar value of 

subcontracts. If a contractor’s sales to 

the Government (excluding 

competitively awarded firm-fixed-price 

and competitively awarded fixed-price 

with economic price adjustment 

contracts and sales of commercial 

products and commercial services 

pursuant to part 12) are expected to 

exceed $25 million during the next 12 

months, the ACO will perform a review 

to determine if a CPSR is needed. Sales 

include those represented by prime 

contracts, subcontracts under 

Government prime contracts, and 

modifications. Generally, a CPSR is not 

performed for a specific contract. 

Rather, CPSRs are conducted on 

contractors based on the factors 

identified above. For example, the 

Defense Contract Management Agency 

Contractor Purchasing System Review 

Group is a group dedicated to 

conducting CPSRs for the Department of 

Defense. The head of the agency 

responsible for contract administration 

may raise or lower the $25 million 

review level if it is considered to be in 

the Government’s best interest. Once an 

initial determination has been made to 

conduct a review, at least every three 

years the ACO shall determine whether 

a purchasing system review is 

necessary. If necessary, the cognizant 

contract administration office will 

conduct a purchasing system review. 

The cognizant ACO is responsible for 

granting, withholding, or withdrawing 

approval of a contractor’s purchasing 

system and for promptly notifying the 

contractor of same (FAR 44.305–1). 

Related administrative requirements are 

as follows: 

• FAR 44.305–2(c) requires that when 

recommendations are made for 

improvement of an approved system, 

the contractor shall be requested to 

reply within 15 days with a position 

regarding the recommendations. 

• FAR 44.305–3(b) requires when 

approval of the contractor’s purchasing 

system is withheld or withdrawn, the 

ACO shall within 10 days after 

completing the in-plant review (1) 

inform the contractor in writing, (2) 

specify the deficiencies that must be 

corrected to qualify the system for 

approval, and (3) request the contractor 

to furnish within 15 days a plan for 

accomplishing the necessary actions. If 

the plan is accepted, the ACO shall 

make a follow-up review as soon as the 

contractor notifies the ACO that the 

deficiencies have been corrected. 

Contracting Officers use the 

information to evaluate the efficiency 

and effectiveness with which a 

contractor spends Government funds. 

C. Annual Burden 

Respondents: 2,515. 

Total Annual Responses: 7,065. 

Total Burden Hours: 49,635. 

Obtaining Copies: Requesters may 

obtain a copy of the information 

collection documents from the GSA 

Regulatory Secretariat Division by 

calling 202–501–4755 or emailing 

GSARegSec@gsa.gov. Please cite OMB 

Control No. 9000–0149, Subcontract 

Consent and Contractors’ Purchasing 

System Review. 

Janet Fry, 

Director, Federal Acquisition Policy Division, 

Office of Governmentwide Acquisition Policy, 

Office of Acquisition Policy, Office of 

Governmentwide Policy. 

[FR Doc. 2024–27599 Filed 11–25–24; 8:45 am] 

BILLING CODE 6820–EP–P 


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