```

[Federal Register Volume 89, Number 245 (Friday, December 20, 2024)]
[Notices]
[Pages 104154-104155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30452]

[[Page 104154]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0189; Docket No. 2024-0053; Sequence No. 21]

Information Collection; Certain Federal Acquisition Regulation 
Part 4 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 certain 
Federal Acquisition Regulation (FAR) part 4 requirements and a revision 
to address existing Commercial and Government Entity code 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 March 31, 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 
February 18, 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 
[email protected].
    Instructions: All items submitted must cite OMB Control No. 9000-
0189, Certain Federal Acquisition Regulation Part 4 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 [email protected].

SUPPLEMENTARY INFORMATION:

A. OMB Control Number, Title, and Any Associated Form(s)

    9000-0189, Certain Federal Acquisition Regulation Part 4 
Requirements.

B. Need and Uses

    This clearance covers the information that offerors and contractors 
must submit to comply with the following FAR requirements:
    1. FAR 52.204-3, and 52.212-3(l)--Taxpayer Identification Number 
(TIN) Information. When there is not a requirement to be registered in 
the System for Award Management (SAM), offerors are required to submit 
their TIN information by the provision at FAR 52.204-3, Taxpayer 
Identification, for other than commercial acquisitions, and by 
paragraph (l) of the provision at FAR 52.212-3, Offeror Representations 
and Certifications--Commercial Products and Commercial Services, for 
commercial acquisitions.
    The TIN information may be used by the Government to collect and 
report on any delinquent amounts arising out of the offeror's 
relationship with the Government (31 U.S.C. 7701(c)(3)). If a contract 
is subject to the payment reporting requirements in FAR 4.904, the TIN 
may be matched with the Internal Revenue Service records to verify the 
accuracy of the TIN submitted by the offeror.
    2. FAR 52.204-6, 52.212-1(j), and 52.204-12--Unique Entity 
Identifier. When there is not a requirement to be registered in SAM, 
offerors are required to submit their unique entity identifier by the 
provision at FAR 52.204-6, Unique Entity Identifier, for other than 
commercial acquisitions, and by paragraph (j) of the provision at FAR 
52.212-1, Instructions to Offerors--Commercial Products and Commercial 
Services, for commercial acquisitions. The clause at FAR 52.204-12, 
Unique Entity Identifier Maintenance, requires contractors to maintain 
their unique entity identifier with the organization designated in SAM 
to issue such identifiers, for the life of the contract. The clause 
also requires contractors to notify contracting officers of any changes 
to the unique entity identifier.
    The Government uses the unique entity identifier to identify 
contractors in reporting to the Federal Procurement Data System (FPDS). 
FPDS provides a comprehensive mechanism for assembling, organizing, and 
presenting contract placement data for the Federal Government. 
Contracting officers use a notification provided under FAR 52.204-12 
regarding any change to the unique entity identifier to modify 
contracts to reflect the updated unique entity identifier.
    3. FAR 52.204-7, 52.204-13, and 52.212-3(b)--SAM Registration and 
Maintenance. The provision at FAR 52.204-7, System for Award 
Management, requires offerors to be registered in SAM when submitting 
an offer or quotation and at time of award, except in certain limited 
cases, and to continue to be registered through final payment of any 
award that results from such offer. The clause at FAR 52.204-13, System 
for Award Management Maintenance, requires contractors to make sure 
their SAM data is kept current, accurate, and complete throughout 
contract performance and final payment; this maintenance is, at a 
minimum, to be done through an annual review and update of the 
contractor's SAM registration. Paragraph (b) of the provision at FAR 
52.212-3 contains the equivalent of FAR 52.204-7 and 52.204-13, for 
commercial acquisitions.
    The Government use the collected information to establish a common 
source of vendor data to increase visibility of vendor sources 
(including their geographical locations) for specific supplies and 
services.
    4. FAR 52.204-14, and 52.204-15--Service Contract Reporting 
Requirements. The clauses at FAR 52.204-14, Service Contract Reporting 
Requirements, and FAR 52.204-15, Service Contract Reporting 
Requirements for Indefinite-Delivery Contracts, require contractors to 
report the following information in SAM annually:
    (a) Contract number and, as applicable, order number.
    (b) The total dollar amount invoiced for services performed during 
the previous Government fiscal year under each contract.
    (c) The number of contractor direct labor hours expended on the 
services performed during the previous Government fiscal year.

[[Page 104155]]

    (d) Data reported by each first-tier subcontractor providing 
services under the contract if required to do so.
    Section 743 of Division C of the Consolidated Appropriations Act, 
2010 (Pub. L. 111-117) requires executive agencies covered by the 
Federal Activities Inventory Reform Act (Pub. L. 105-270), except DoD, 
to submit to OMB an annual inventory of activities performed by service 
contractors. DoD is exempt from this reporting requirement because 10 
U.S.C. 4505(c) already require DoD to develop an annual service 
contract inventory. Civilian agencies use the service contract 
information provided by FAR clauses 52.204-14 and 52.204-15 to 
supplement agency annual service contract reporting requirements with 
the contractor-provided service contract reporting information.
    5. FAR 52.204-16 and 52.204-18, Commercial and Government Entity 
(CAGE) Code Reporting and Maintenance. The provision at FAR 52.204-16, 
Commercial and Government Entity Code Reporting, require offerors to 
provide their CAGE code, including name and location address, with 
their offer. The CAGE code must be for that name and location address. 
The CAGE code is required prior to award. The clause at FAR 52.204-18, 
Commercial and Government Entity Code Maintenance, requires contractors 
to maintain their CAGE code throughout the life of the contract for 
each location of contract, including subcontract, performance.
    For contractors registered in SAM, the Defense Logistics Agency 
(DLA) CAGE Branch shall only modify data received from SAM in the CAGE 
master file if the contractor initiates those changes via update of its 
SAM registration. Contractors undergoing a novation or change-of-name 
agreement shall notify the contracting officer in accordance with FAR 
subpart 42.12. The contractor shall communicate any change to the CAGE 
code to the contracting officer within 30 days after the change, so 
that a modification can be issued to update the CAGE code on the 
contract. Contractors located in the U.S. or its outlying areas that 
are not registered in SAM shall submit written change request to the 
DLA CAGE Branch. Contractors located outside the U.S. and its outlying 
areas that are not registered in SAM shall contact the appropriate 
National Codification Bureau points of contact to request CAGE changes.
    6. FAR 52.204-17, Ownership or Control of Offeror. This provision 
requires offerors to represent whether they are owned or controlled by 
another entity, and if so, to provide the CAGE code and name of such 
entity.
    The CAGE code system may be used, among other things, to--
    (a) Exchange data with another contracting activity, including 
contract administration activities and contract payment activities;
    (b) Exchange data with another system that requires the unique 
identification of a contractor entity; or
    (c) Identify when offerors are owned or controlled by another 
entity.
    7. FAR 52.204-20, Predecessor of Offeror. This provision requires 
offerors to identify if the offeror is, within the last three years, a 
successor to another entity that received a Federal Government award 
and, if so, to provide the CAGE code and legal name of the predecessor.
    The information on predecessors is used to identify such entities 
in the Federal Awardee Performance and Integrity Information System 
(FAPIIS) to allow retrieval of integrity and performance data on the 
most recent predecessor of an apparent successful offeror to whom award 
is anticipated. FAR 9.104-6 requires contracting officers to consult 
FAPIIS before awarding a contract that exceeds the simplified 
acquisition threshold.
    8. FAR 52.204-23, Prohibition on Contracting for Hardware, 
Software, and Services Developed or Provided by Kaspersky Lab Covered 
Entities. This clause requires contractors to report, in writing, to 
the contracting officer or, in the case of DoD, to the website at 
https://dibnet.dod.mil, any instance when the contractor identifies a 
covered article provided to the Government during contract performance, 
or if contractors are notified of such an event by subcontractors at 
any tier or any other source.
    Agency personnel will use the collected information to identify and 
remove prohibited hardware, software, or services from Government use. 
This information collection is required to comply with section 1634 of 
Division A of the National Defense Authorization Act for Fiscal Year 
2018 (Pub. L. 115-91).

C. Annual Burden

    Respondents: 353,291.
    Total Annual Responses: 843,253.
    Total Burden Hours: 387,083.
    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 [email protected]. Please cite OMB 
Control No. 9000-0189, Certain Federal Acquisition Regulation Part 4 
Requirements.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2024-30452 Filed 12-19-24; 8:45 am]
BILLING CODE 6820-EP-P
```