Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices 10215 

workplace. The information is also used 

by the contracting officer to understand 

any impacts on contract performance. 

• FAR 52.223–7, Notice of 

Radioactive Material. This clause 

requires the contractor to notify the 

contracting officer or a designee in 

writing prior to the delivery of, or prior 

to completion of any servicing required 

by the contract of, items containing 

certain radioactive material. The notice 

shall specify the part or parts of the 

items which contain radioactive 

materials, the name and activity of the 

isotope, the manufacturer of the 

materials, and any other information 

known to the contractor which will put 

users of the items on notice as to the 

hazards involved. If there has been no 

change affecting the quantity of activity, 

or the characteristics and composition 

of the radioactive material from 

deliveries under the contract or prior 

contracts, then the contractor may 

request in writing that the contracting 

officer or designee waive this notice 

requirement. The Government uses this 

information to ensures that required 

licenses are obtained and appropriate 

personnel are provided adequate 

notification to institute any necessary 

safety and health precautions in 

handling the items with radioactive 

materials. 

• FAR 52.223–9, Estimate of 

Percentage of Recovered Material 

Content for EPA-Designated Items. This 

clause requires the contractor, upon 

completion of the contract, to submit to 

the Government an estimate of the 

percentage of the total recovered 

material content for EPA-designated 

item(s) delivered and/or used in 

contract performance, including, if 

applicable, the percentage of postconsumer material content. For 

contracts where the estimates can be 

verified, the contractor shall instead 

provide the certification required by the 

Resource Conservation and Recovery 

Act of 1976 (42 U.S.C. 6962(i)(2)(C)) that 

the percentage of recovered material 

content for EPA-designated items met 

the requirements of the contract. The 

contracting officer uses this information 

to verify contractor compliance with 

contract requirements regarding the use 

of recovered materials. Additionally, 

agencies will use the information in the 

annual review and monitoring of the 

effectiveness of their affirmative 

procurement programs. 

• FAR 52.223–11, Ozone-Depleting 

Substances and High Global Warming 

Potential Hydrofluorocarbons. This 

clause requires the contractor to report 

annually and at the end of contract 

performance the amount in pounds of 

any hydrofluorocarbons (or refrigerant 

blends containing hydrofluorocarbons) 

added or taken out of any equipment or 

appliances to be delivered under the 

contract The reporting requirement 

applies to equipment that normally each 

contain 50 or more pounds of 

hydrofluorocarbons or refrigerant blends 

containing hydrofluorocarbons. The 

Government gathers this information to 

identify the amount of ozone-depleting 

substances and High Global Warming 

Potential Hydrofluorocarbons that are 

contained in certain equipment 

purchased by the Government. 

• FAR 52.223–12, Maintenance, 

Service, Repair, or Disposal of 

Refrigeration Equipment and Air 

Conditioners. This clause requires the 

contractor to report annually and at the 

end of contract performance the amount 

in pounds of any hydrofluorocarbons (or 

refrigerant blends containing 

hydrofluorocarbons) added or taken out 

of refrigeration or air conditioning 

equipment to be maintained, serviced, 

repaired, or disposed of under the 

contract. The reporting requirement 

applies to equipment that normally each 

contain 50 or more pounds of 

hydrofluorocarbons or refrigerant blends 

containing hydrofluorocarbons. The 

Government gathers this information to 

identify the amount of ozone-depleting 

substances and High Global Warming 

Potential Hydrofluorocarbons are 

contained in certain equipment 

maintained by the Government. 

• FAR 52.223–22, Public Disclosure of 

Greenhouse Gas Emissions and 

Reduction Goals—Representation. This 

provision requires offerors that received 

$7.5 million or more in total contract 

awards during the previous Federal 

fiscal year to represent whether it 

publicly discloses (itself or through its 

immediate or highest-level owner) its 

greenhouse gas emissions and a 

quantitative greenhouse gas reduction 

goal. If the offeror publicly discloses 

such information, the offeror is required 

to provide the website(s) where the 

information is made publicly available. 

The representation is voluntary for 

offerors below the threshold. The 

Government uses this information to 

assess supplier greenhouse gas 

management practices and to assist 

agencies in developing strategies to 

engage with contractors to reduce 

supply chain emissions. 

C. Annual Burden 

Respondents: 39,497. 

Total Annual Responses: 165,570. 

Total Burden Hours: 735,631. 

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. 9000–0107, Federal 

Acquisition Regulation Part 23 

Requirements. 

Janet Fry, 

Director, Federal Acquisition Policy Division, 

Office of Governmentwide Acquisition Policy, 

Office of Acquisition Policy, Office of 

Governmentwide Policy. 

[FR Doc. 2022–03794 Filed 2–22–22; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0067; Docket No. 

2021–0053; Sequence No. 16] 

Submission for OMB Review; Certain 

Federal Acquisition Regulation Part 16 

Contract Pricing 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 16 

contract pricing requirements. 

DATES: Submit comments on or before 

March 25, 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. 


khammond on DSKJM1Z7X2PROD with NOTICES
10216 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices 

Instructions: All items submitted 

must cite OMB Control No. 9000–0067, 

Certain Federal Acquisition Regulation 

Part 16 Contract Pricing 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: 

Jennifer Hawes, Procurement Analyst, at 

telephone 202–969–7386, or 

jennifer.hawes@gsa.gov. 

SUPPLEMENTARY INFORMATION: 

A. OMB Control Number, Title, and 

Any Associated Form(s) 

9000–0067, Certain Federal 

Acquisition Regulation Part 16 Contract 

Pricing Requirements. 

B. Needs 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 OMB Control No. 9000–0067 

and combines it with the previously 

approved information collections under 

OMB Control Nos. 9000–0068 and 

9000–0071, with the new title ‘‘Certain 

Federal Acquisition Regulation Part 16 

Contract Pricing Requirements’’. Upon 

approval of this consolidated 

information collection, OMB Control 

Nos. 9000–0068 and 9000–0071 will be 

discontinued. The burden requirements 

previously approved under the 

discontinued numbers will be covered 

under OMB Control No. 9000–0067. 

This clearance covers the information 

that contractors must submit to comply 

with the following FAR requirements: 

• FAR 52.216–2, Economic Price 

Adjustment—Standard Supplies; FAR 

52.216–3, Economic Price Adjustment— 

Semistandard Supplies; and FAR 

52.216–4, Economic Price Adjustment— 

Labor and Material. These clauses 

require contractors on contracts that 

provide for economic price adjustments 

to promptly notify the contracting 

officer of any increases or decreases to 

established prices or labor rates 

(including fringe) because of certain 

contingencies, such as increases or 

decreases to established catalog or 

market prices or changes to cost indexes 

for labor or materials. The contracting 

officer uses the information provided by 

the contractor to negotiate price 

adjustments under the contract due to 

the contingency specified in the 

contract. 

• FAR 52.216–5, Price 

Redetermination-Prospective. Paragraph 

(c) of this clause requires a contractor on 

a fixed-price contract with prospective 

price redetermination to submit to the 

Government (within an agreed upon 

timeframe) a statement of costs incurred 

for the most recent period of 

performance, the proposed prices for the 

upcoming contract period, and any 

supporting or relevant documentation. 

Per paragraph (h) of this clause, during 

periods where firm prices have not been 

established, the contractor must also 

submit quarterly statements that 

includes a breakdown of total contract 

prices, costs, and profit incurred and all 

invoices accepted for delivered items or 

services for which final prices have not 

been established. The contracting officer 

uses the information to negotiate/ 

redetermine fair and reasonable prices 

for supplies and services that may be 

delivered or performed under the 

contract in the period following the 

effective date of price redetermination. 

• FAR 52.216–6, Price 

Redetermination—Retroactive. 

Paragraph (c) of this clause requires a 

contractor on a fixed-ceiling-price 

contract with retroactive price 

redetermination to submit to the 

Government (within an agreed upon 

timeframe after completion of the 

contract) the proposed prices, all costs 

incurred in performing the contract, and 

any supporting or relevant 

documentation. Per paragraph (g) of this 

clause, until final price redetermination 

has been completed, the contractor must 

also submit a quarterly statement that 

includes a breakdown of total contract 

prices, costs, and interim profit incurred 

and all invoices accepted for delivered 

items. The contracting officer uses the 

information provided by the contractor 

to negotiate/redetermine fair and 

reasonable prices for supplies and 

services that have already been 

delivered or performed under the 

contract. 

• FAR 52.216–16, Incentive Price 

Revision—Firm Target; and FAR 

52.216–17, Incentive Price Revision— 

Successive Targets. These clauses 

require contractors on fixed price 

incentive (firm or successive target) 

contracts to submit to the Government 

on a quarterly basis a statement 

regarding total contract prices, costs, 

portions of interim profit, and amounts 

of invoices or vouchers for completed 

work that is cumulative from the 

beginning of the contract (see 52.216– 

16(g) and 52.216–17(i)). Upon final 

delivery of supplies or completion of 

services for covered line items, the 

contractor is required to submit a 

detailed statement of all costs incurred 

up to the end of that month in 

performing all work under the items; an 

estimate of costs of further performance, 

if any, that may be necessary to 

complete performance of all work under 

the items; a list of all residual inventory 

and an estimate of its value; and any 

other relevant data that the Contracting 

Officer may reasonably require (see 

52.216–16(c) and 52.216–17(e)). 

Paragraph (c) of 52.216–17 also requires 

submission of data for establishing the 

firm fixed price or a final profit 

adjustment formula. The contracting 

officer uses the information provided by 

the contractor to evaluate the 

contractor’s performance in meeting the 

incentive target and to negotiate the 

final prices of incentive-related items 

and services. 

C. Annual Burden 

Respondents: 9,162. 

Total Annual Responses: 61,580. 

Total Burden Hours: 114,743. 

D. Public Comment 

A 60-day notice was published in the 

Federal Register at 86 FR 71641, on 

December 17, 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. 9000–0067, Certain Federal 

Acquisition Regulation Part 16 Contract 

Pricing Requirements. 

Janet Fry, 

Director, Federal Acquisition Policy Division, 

Office of Governmentwide Acquisition Policy, 

Office of Acquisition Policy, Office of 

Governmentwide Policy. 

[FR Doc. 2022–03793 Filed 2–22–22; 8:45 am] 

BILLING CODE 6820–EP–P 


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