90 FR 114 pgs. 25271-25272 - Submission for OMB Review; Federal Acquisition Regulation Part 46 Requirements

Type: NOTICEVolume: 90Number: 114Pages: 25271 - 25272
Docket number: [OMB Control No. 9000-0077; Docket No. FAR-2025-0053; Sequence No. 8]
FR document: [FR Doc. 2025-11062 Filed 6-13-25; 8:45 am]
Agency: National Aeronautics and Space Administration
Sub Agency: Federal Procurement Policy Office
Official PDF Version:  PDF Version
Pages: 25271, 25272

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OFFICE OF MANAGEMENT AND BUDGET

Office of Federal Procurement Policy

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0077; Docket No. FAR-2025-0053; Sequence No. 8]

Submission for OMB Review; Federal Acquisition Regulation Part 46 Requirements

AGENCY:

Office of Federal Procurement Policy (OFPP), Office of Management and Budget (OMB); Department of Defense (DOD); General Services Administration (GSA); and National Aeronautics and Space Administration (NASA).

ACTION:

Notice.

SUMMARY:


[top] Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has page 25272 submitted to OMB a request to review and approve an extension of a previously approved information collection requirement regarding Federal Acquisition Regulation part 46 requirements.

DATES:

Submit comments on or before July 16, 2025.

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.

FOR FURTHER INFORMATION CONTACT:

FARPolicy@gsa.gov or call 202-969-4075.

SUPPLEMENTARY INFORMATION:

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

9000-0077, Federal Acquisition Regulation Part 46 Requirements.

B. Need and Uses

This clearance covers the information that contractors may be required to submit to comply with the following Federal Acquisition Regulation (FAR) clauses:

• FAR Inspection Clauses

? FAR 52.246-2, Inspection of Supplies-Fixed-Price

? FAR 52.246-3, Inspection of Supplies-Cost-Reimbursement

? FAR 52.246-4, Inspection of Services-Fixed-Price

? FAR 52.246-5, Inspection of Services-Cost-Reimbursement

? FAR 52.246-6, Inspection-Time-and-Material and Labor-Hour

? FAR 52.246-7, Inspection of Research and Development-Fixed-Price

? FAR 52.246-8, Inspection of Research and Development-Cost-Reimbursement

? FAR 52.246-12, Inspection of Construction

These FAR clauses require the contractor to provide and maintain an inspection system that is acceptable to the Government, and to keep complete records of all inspection work performed and make it available to the Government. These clauses give the Government the right to inspect and test all work.

Records required under these clauses are kept as a part of a contractor's normal business operations. To ensure they provide a quality product or service, every business must have standards and methods for reviewing or inspecting the quality of their product or service. These standards will differ by industry and the complexity of the product or service provided.

The Government relies on a contractor's existing quality assurance system for contracts for commercial products. The Government relies on the contractor to accomplish all inspection and testing needed to ensure that acquired commercial services conform to contract requirements before they are tendered to the Government. See FAR 12.208 and 46.202-1. Likewise, when the contract amount is expected to be less than the simplified acquisition threshold, these clauses do not apply.

The FAR "inspection clauses" are used for quality assurance depending on the type of contract, or the product or service being provided. These clauses do not require the transmittal or sending of documentation to the Government, but they have record keeping requirements. The Government may review these records to confirm the contract quality requirements are being met. This review is risk-based and may or may not include the review of all quality assurance records. Generally, the records are more likely to be reviewed when the contractor is not meeting quality standards or as part of Government Contract quality assurance surveillance for complex requirements. Subject matter experts estimate these records are requested from 10 percent or fewer of contractors.

The information is used to assure that supplies and services provided under Government contracts conform to contract requirements.

• FAR 52.246-15, Certificate of Conformance. This clause requires the contractor to complete and sign a certificate of conformance (CoC). This clause is used in solicitations and contracts for supplies or services at the discretion of the contracting officer when it is in the Government's interest, small losses would be incurred in the event of a defect; or because of the contractor's reputation or past performance, or when it is likely that the supplies or services furnished will be acceptable and any defective work would be replaced, corrected, or repaired without contest.

• FAR 52.246-26, Reporting Nonconforming Items. This clause requires contractors to provide written notification to the contracting officer within 60 days of becoming aware or having reason to suspect, such as through inspection, testing, record review, or notification from another source ( e.g., seller, customer, third party) that any end item, component, subassembly, part, or material contained in supplies purchased by the contractor for delivery to, or for, the Government is counterfeit or suspect counterfeit. This clause requires certain contractors to submit a report to the Government-Industry Data Exchange Program (GIDEP) system at www.gidep.org within 60 days of becoming aware or having reason to suspect, such as through inspection, testing, record review, or notification from another source ( e.g., seller, customer, third party) that an item purchased by the contractor for delivery to, or for, the Government is a counterfeit or suspect counterfeit item; or a common item that has a major or critical nonconformance.

This information will be used by the Government to address and detect nonconforming and counterfeit items. Perhaps more important, this information will be available to businesses for searching prior to placing orders, thus enabling the avoidance of purchasing counterfeit items in the first place.

C. Annual Burden

Respondents: 7,859.

Total Annual Responses: 9,301.

Total Burden Hours: 33,015.

D. Public Comment

A 60-day notice was published in the Federal Register at 90 FR 14445, on April 2, 2025. 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. 9000-0077, Federal Acquisition Regulation Part 46 Requirements.

Janet Fry,

Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy.

[FR Doc. 2025-11062 Filed 6-13-25; 8:45 am]

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