Federal Register / Vol. 87, No. 34 / Friday, February 18, 2022 / Notices 9357 

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) 

9000–0079, Travel Costs 

B. Need and Uses 

This clearance covers the information 

that a contractor must submit to comply 

with the following Federal Acquisition 

Regulation (FAR) requirements: 

1. FAR 31.205–46(a)(3)—In special or 

unusual situations, costs incurred by a 

contractor for lodging, meals, and 

incidental expenses, may exceed the per 

diem rates in effect as set forth in the 

Federal Travel Regulation (FTR) for 

travel in the contiguous 48 United 

States. The actual costs may be allowed 

only if the contractor provides the 

following: 

a. FAR 31.205–46(a)(3)(ii)—A written 

justification for use of the higher 

amounts approved by an officer of the 

contractor’s organization or designee to 

ensure that the authority is properly 

administered and controlled to prevent 

abuse. 

b. FAR 31.205–46(a)(3)(iii)—Advance 

approval from the contracting officer if 

it becomes necessary to exercise the 

authority to use the higher actual 

expense method repetitively or on a 

continuing basis in a particular area. 

c. FAR 31.205–46(a)(3)(iv)— 

Documentation to support actual costs 

incurred including a receipt for each 

expenditure of $75.00 or more. 

2. FAR 31.205–46(c) requires firms to 

maintain and make available manifest/ 

logs for all flights on company aircraft. 

As a minimum, the manifest/log must 

indicate: 

a. Date, time, and points of departure; 

b. Destination, date, and time of 

arrival; 

c. Name of each passenger and 

relationship to the contractor 

d. Authorization for trip; and 

e. Purpose of trip. 

The information required by (2)(a) 

and (b) and the name of each passenger 

(required by (2)(c)) are recordkeeping 

requirements already established by 

Federal Aviation Administration 

regulations. This information, plus the 

additional required information, is 

needed to ensure that costs of owned, 

chartered, or leased aircraft are properly 

charged against Government contracts 

and that directly associated costs of 

unallowable activities are not charged to 

Government contracts. 

The contracting officer will use the 

information to ensure that the 

Government does not reimburse 

contractors for excessive travel costs. 

Also, the information is used by 

Government auditors to identify 

allowable and unallowable costs under 

Government contracts. 

C. Annual Burden 

Respondents/Recordkeepers: 3,743. 

Total Annual Responses: 33,202. 

Total Burden Hours: 11,472. (7,848 

reporting hours + 3,624 recordkeeping 

hours). 

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. 9000–0079, Travel Costs. 

Janet Fry, 

Director, Federal Acquisition Policy Division, 

Office of Governmentwide Acquisition Policy, 

Office of Acquisition Policy, Office of 

Governmentwide Policy. 

[FR Doc. 2022–03563 Filed 2–17–22; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0198; Docket No. 

2021–0053; Sequence No. 14] 

Submission for OMB Review; Certain 

Federal Acquisition Regulation Part 9 

Requirements 

AGENCY: Department of Defense (DOD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Notice. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act, the 

Regulatory Secretariat Division has 

submitted to the Office of Management 

and Budget (OMB) a request to review 

and approve a revision of a previously 

approved information collection 

requirement regarding certain Federal 

Acquisition Regulation (FAR) part 9 

requirements. 

DATES: Submit comments on or before 

March 21, 2022. 

ADDRESSES: Written comments and 

recommendations for this information 

collection should be sent within 30 days 

of publication of this notice to 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

Review—Open for Public Comments’’ or 

by using the search function. 

Additionally, submit a copy to GSA 

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. 

Instructions: All items submitted 

must cite OMB Control No. 9000–0198, 

Certain Federal Acquisition Regulation 

Part 9 Requirements. 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. If there are 

difficulties submitting comments, 

contact the GSA Regulatory Secretariat 

Division at 202–501–4755 or 

GSARegSec@gsa.gov. 

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) 

9000–0198, Certain Federal 

Acquisition Regulation Part 9 

Requirements. 

B. Need and Uses 

DoD, GSA, and NASA are combining 

OMB Control Nos. for the Federal 

Acquisition Regulation (FAR) by FAR 

part. This consolidation is expected to 

improve industry’s ability to easily and 

efficiently identify burdens associated 

with a given FAR part. The review of 

the information collections by FAR part 

allows improved oversight to ensure 

there is no redundant or unaccounted 

for burden placed on industry. Lastly, 

combining information collections in a 

given FAR part is also expected to 

reduce the administrative burden 

associated with processing multiple 

information collections. 

This justification supports the 

revision of the expiration date of OMB 

Control No. 9000–0198 and combines it 

with the previously approved 

information collections under OMB 

Control Nos. 9000–0083 and 9000–0193, 

with the new title ‘‘Certain Federal 

Acquisition Regulation Part 9 

Requirements’’. Upon approval of this 


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9358 Federal Register / Vol. 87, No. 34 / Friday, February 18, 2022 / Notices 

consolidated information collection, 

OMB Control Nos. 9000–0083 and 

9000–0193 will be discontinued. The 

burden requirements previously 

approved under the discontinued 

numbers will be covered under OMB 

Control No. 9000–0198. 

This clearance covers the information 

that offerors and contractors must 

submit to comply with the following 

FAR requirements: 

1. FAR 52.209–1, Qualification 

Requirements. This clause requires 

offerors to provide with their proposal: 

Their name, the manufacturer’s name, 

source’s name, item’s name, service 

identification, and test number (if 

known) for a proposed product or 

service that has already been 

determined to meet the qualification 

standards. If an offeror, manufacturer, 

source, product or service has met the 

qualification requirement but is not yet 

on a qualified products list, qualified 

manufacturers list, or qualified bidders 

list, this clause requires the offeror to 

submit evidence of qualification prior to 

award of a contract. 

2. FAR 52.209–2, 52.209–10, and 

52.212–3(n), Prohibition on Contracting 

with Inverted Domestic Corporations. 

FAR provision 52.209–2, Prohibition on 

Contracting with Inverted Domestic 

Corporations-Representation, and its 

equivalent for commercial acquisitions 

at FAR 52.212–3(n), requires each 

offeror to represent whether it is, or is 

not, an inverted domestic corporation or 

a subsidiary of an inverted domestic 

corporation. 

FAR clause 52.209–10, Prohibition on 

Contracting with Inverted Domestic 

Corporations, requires contractors to 

promptly notify the contracting officer 

in the event the contractor becomes an 

inverted domestic corporation or a 

subsidiary of an inverted domestic 

corporation during the period of 

performance of the contract. 

3. FAR 52.209–5, 52.209–6, and 

52.212–3(h), Debarment, Suspension, 

and other Responsibility Matters. FAR 

provision 52.209–5, Certification 

Regarding Responsibility Matters, and 

its equivalent for commercial 

acquisitions at FAR 52.212–3(h), require 

the disclosure of the following critical 

information by an offeror to be 

considered by the contracting officer in 

making a responsibility determination: 

• Whether the offeror or any of its 

principals have been— 

Æ Debarred, suspended, proposed for 

debarment, declared ineligible for 

contract award; 

Æ Within a three-year period 

preceding their offer: 

D Convicted of or had a civil 

judgment rendered against them or 

indicted for commission of a fraud or a 

criminal offense in connection with 

obtaining, attempting to obtain, or 

performing a public (Federal, State, or 

local) contract or subcontract, violation 

of Federal or State antitrust statutes 

relating to the submission of offers, or 

commission of embezzlement, theft, 

forgery, bribery, falsification or 

destruction of records, making false 

statements, tax evasion, violating 

Federal criminal tax laws, or receiving 

stolen property; 

D Notified of any delinquent Federal 

taxes in an amount that exceeds $10,000 

for which the liability remains 

unsatisfied; 

D Had one or more contracts 

terminated for default by any Federal 

agency; or 

D Are presently indicted for, or 

otherwise criminally or civilly charged 

by a governmental entity with 

commission of any of the offenses 

identified above. 

If the offeror has responded 

affirmatively to the certifications in the 

FAR provisions at 52.209–5 or 52.212– 

3(h), the offeror shall provide additional 

information if requested by the 

contracting officer. 

The offeror shall also provide 

immediate written notice to the 

contracting officer if, at any time prior 

to contract award, the offeror learns that 

its certification was erroneous when 

submitted or has become erroneous by 

reason of changed circumstances. 

Paragraph (c) of the FAR clause at 

52.209–6, Protecting the Government’s 

Interest When Subcontracting with 

Contractor’s Debarred, Suspended, or 

Proposed for Debarment, requires the 

contractor to require each proposed 

subcontractor whose subcontract will 

exceed $35,000, other than a 

subcontractor providing a commercially 

available off-the-shelf (COTS) item, to 

disclose to the contractor in writing, 

whether as of the time of award of the 

subcontract, the subcontractor, or its 

principals, is or is not debarred, 

suspended, or proposed for debarment 

by the Government. 

Paragraph (d) of the FAR clause at 

52.209–6 requires a corporate officer or 

designee of the contractor to notify the 

contracting officer, in writing, before 

entering into a subcontract (for other 

than COTS items) with a party that is 

debarred, suspended, or proposed for 

debarment. The written notice must 

include: The name of the subcontractor; 

why the subcontractor is debarred, 

suspended, or ineligible; the compelling 

reason(s) for doing business with the 

subcontractor; and how the contractor 

will protect the Government’s interests 

when dealing with such subcontractor. 

For any subcontract subject to 

Government consent, contracting 

officers shall not consent to such 

subcontracts unless the agency head or 

a designee states in writing the 

compelling reasons for approving such 

subcontract. 

4. FAR 52.209–7 and 52.209–9, 

Information Regarding Responsibility 

Matters and Updates to that Publicly 

Available Information. FAR provision 

52.209–7, Information Regarding 

Responsibility Matters, requires each 

offeror to represent whether it has 

current active Federal contracts and 

grants with a total value greater than 

$10 million. The provision also requires 

each offeror to post in the Federal 

Awardee Performance and Integrity 

Information System (FAPIIS), as 

required by maintaining an active 

registration in the System for Award 

Management (SAM), information on 

whether the offeror and/or any of its 

principals has, or has not, within the 

past five years, in connection with the 

award to or performance by the offeror 

of a federal contract or grant, been the 

subject of a proceeding, at the Federal 

or State level, that resulted in: 

(a) A criminal conviction in the case 

of a criminal proceeding; 

(b) The finding of fault and liability in 

a civil proceeding resulting in the 

payment of $5,000 or more in damages, 

restitution, reimbursement, fine or 

penalty; 

(c) The finding of fault and liability in 

an administrative proceeding resulting 

in the payment of a monetary fine or 

penalty of $5,000 or more, or the 

payment of a reimbursement, 

restitution, or damages in excess of 

$100,000; or 

(d) In a criminal, civil, or 

administrative proceeding, a disposition 

of the matter by consent or compromise 

with an acknowledgement of fault by 

the contractor if the proceeding could 

have led to any of the outcomes 

specified in (4)(a) through (c) above. 

Paragraph (a) of the FAR clause 

52.209–9, Updates of Publicly Available 

Information Regarding Responsibility 

Matters, requires contractors to update 

the information in FAPIIS on a 

semiannual basis, throughout the life of 

the contract, by posting the information 

in SAM. Paragraph (c) of the FAR clause 

52.209–9 informs contractors of their 

ability to provide feedback on 

information posted by the Government 

in FAPIIS and the procedure to follow 

in the event information exempt from 

public disclosure is slated to become 

publicly available information in 

FAPIIS. 

5. FAR 52.209–11, 52.209–12, and 

52.212–3(q), Prohibition on Contracting 


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Federal Register / Vol. 87, No. 34 / Friday, February 18, 2022 / Notices 9359 

With Corporations with Delinquent 

Taxes or a Felony Conviction. FAR 

provision 52.209–11, Representation by 

Corporations Regarding Delinquent Tax 

Liability or a Felony Conviction under 

any Federal Law, and its equivalent for 

commercial acquisitions at FAR 52.212– 

3(q), require offerors to represent 

whether the offeror is a corporation 

that— 

• Has any unpaid Federal tax liability 

that has been assessed, for which all 

judicial and administrative remedies 

have been exhausted or have lapsed, 

and that is not being paid in a timely 

manner pursuant to an agreement with 

the authority responsible for collecting 

the tax liability; and 

• Was convicted of a felony criminal 

violation under a Federal law within the 

preceding 24 months. 

FAR provision 52.209–12, 

Certification Regarding Tax Matters, 

require offerors proposing a total 

contract price that will exceed $5.5 

million (including options) to certify 

that, to the best of the offeror’s 

knowledge and belief, it— 

• Has filed all Federal tax returns 

required during the three years 

preceding the certification; 

• Has not been convicted of a 

criminal offense under the Internal 

Revenue Code of 1986; and 

• Has not, more than 90 days prior to 

certification, been notified of any 

unpaid Federal tax assessment for 

which the liability remains unsatisfied, 

unless the assessment is the subject of 

an installment agreement or offer in 

compromise that has been approved by 

the Internal Revenue Service and is not 

in default, or the assessment is the 

subject of a non-frivolous administrative 

or judicial proceeding. 

6. FAR 52.209–13, Violations of Arms 

Control Treaties or Agreements with the 

United States. Unless the offeror is 

providing evidence of a waiver or 

determination in accordance with 

paragraph (b)(2) of the FAR provision at 

52.209–13, Violation of Arms Control 

Treaties or Agreements—Certification, 

paragraph (b)(1) of the provision 

requires offerors to certify that— 

• The offeror does not engage and has 

not engaged in any activity that 

contributed to or is a significant factor 

in the President’s or Secretary of State’s 

determination that a foreign country is 

in violation of its obligations 

undertaken in any arms control, 

nonproliferation, or disarmament 

agreement to which the United States is 

a party, or is not adhering to its arms 

control, nonproliferation, or 

disarmament commitments in which the 

United States is a participating state. 

The determinations are described in the 

most recent unclassified annual report 

provided to Congress pursuant to 

section 403 of the Arms Control and 

Disarmament Act (22 U.S.C. 2593a); and 

• No entity owned or controlled by 

the offeror is an entity organized under 

the laws of such country, that engages 

or has engaged in any activity that 

contributed to or is a significant factor 

in the President’s or Secretary of State’s 

determination that a foreign country is 

in violation of its obligations 

undertaken in any arms control, 

nonproliferation, or disarmament 

agreement to which the United States is 

a party, or is not adhering to its arms 

control, nonproliferation, or 

disarmament commitments in which the 

United States is a participating state. 

Contracting officers use the collected 

information described above to 

determine an offeror’s responsibility for 

contract award. 

C. Annual Burden 

Respondents: 1,802,621. 

Total Annual Responses: 1,953,229. 

Total Burden Hours: 547,110. 

D. Public Comment 

A 60-day notice was published in the 

Federal Register at 86 FR 71500, on 

December 16, 2021. No comments were 

received. 

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. 9000–0198, Certain Federal 

Acquisition Regulation Part 9 

Requirements. 

Janet Fry, 

Director, Federal Acquisition Policy Division, 

Office of Governmentwide Acquisition Policy, 

Office of Acquisition Policy, Office of 

Governmentwide Policy. 

[FR Doc. 2022–03567 Filed 2–17–22; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0027; Docket No. 

2022–0053; Sequence No. 4] 

Information Collection; Value 

Engineering Requirements 

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 value 

engineering requirements. 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, 2022. 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 April 

19, 2022. 

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. 9000–0027, 

Value Engineering Requirements. 

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) 

9000–0027, Value Engineering 

Requirements. 


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