Defense Federal Acquisition Regulation Supplement (DFARS); Excessive Pass-Through Charges

Forms and Documents

Document Name	Status

No forms / supporting documents in this ICR. Check IC Document Collections.

IC Document Collections

IC ID	Document Title	Status
179382	DFARS; Excessive Pass-Through Charges	New

ICR Details

OMB Control No: 0704-0443	ICR Reference No: 200703-0704-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOD/DODDEP	Agency Tracking No:
Title: Defense Federal Acquisition Regulation Supplement (DFARS); Excessive Pass-Through Charges
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 04/06/2007
OIRA Conclusion Action: Approved without change	Conclusion Date: 04/16/2007
	Date Received in OIRA: 04/04/2007
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2007	6 Months From Approved
Responses	12,800	0	0
Time Burden (Hours)	6,550	0	0
Cost Burden (Dollars)	222,700	0	0

---

Abstract: DoD needs this information to ensure that pass-through charges under DoD contracts and subcontracts are not excessive, in accordance with Section 852 of Public Law 109-364. DoD contracting officers will use the information to assess the value added by a contractor or subcontractor in relation to proposed, billed, or claimed indirect costs or profit on work performed by a subcontractor.

Emergency Justfication: The Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics/Defense Acquisition Regulations System (DARS) is submitting the subject requirement for emergency review and approval. This emergency submission is necessary and appropriate to implement section 852 of Public Law 109-364. Section 852 requires the Secretary of Defense to prescribe regulations, not later than May 1, 2007, to ensure that pass-through charges on contracts or subcontracts (or task or delivery orders) that are entered into for or on behalf of the Department of Defense are not excessive in relation to the cost of work performed by the relevant contractor or subcontractor. The implementing amendments to the Defense Federal Acquisition Regulation Supplement will include requirements for an offeror or contractor to notify the contracting officer when subcontracted effort will exceed 70 percent of the total cost of work to be performed under a contract or subcontract, and to describe the value added by the contractor or the subcontractor that further subcontracts. If this data collection is not approved under an emergency process, it will impede the Department’s ability to comply with the requirements of section 852 of Public Law 109-364.

---

Authorizing Statute(s): PL: Pub.L. 109 - 364 852 Name of Law: null
  

Citations for New Statutory Requirements: PL: Pub.L. 109 - 364 852 Name of Law: null

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0750-AF67	Final or interim final rulemaking

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
DFARS; Excessive Pass-Through Charges

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	12,800	0	0	12,800	0	0
Annual Time Burden (Hours)	6,550	0	0	6,550	0	0
Annual Cost Burden (Dollars)	222,700	0	0	222,700	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: New Collection

---

Annual Cost to Federal Government: $222,700

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 04/04/2007

---