Department of Veterans Affairs Acquisition Regulation Clause 852.209-70

Forms and Documents

Document Name	Status
2900-0418 30-Day FRN published 05DEC2023.pdf Supplementary Document	2023-12-05
2900-0418 Supporting Statement - 07DEC23.docx Supporting Statement A	2023-12-11
2900-0418 60-day FRN 88 FR 62429 11SEP2023.pdf Supplementary Document	2023-10-18

IC Document Collections

IC ID	Document Title	Status
28629	Department of Veterans Affairs Acquisition Regulation Sections 809.504(d) and Clause 852.209-70 Instruction	Modified

ICR Details

OMB Control No: 2900-0418	ICR Reference No: 202309-2900-001
Status: Received in OIRA	Previous ICR Reference No: 202009-2900-028
Agency/Subagency: VA	Agency Tracking No: 2900-0418
Title: Department of Veterans Affairs Acquisition Regulation Clause 852.209-70
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/11/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	12/31/2023
Responses	102	102
Time Burden (Hours)	102	102
Cost Burden (Dollars)	0	0

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Abstract: The Department of Veterans Affairs (VA), Office of Acquisition and Logistics (OAL), Office of Procurement Policy, Systems and Oversight, Procurement Policy and Warrant Management Service is requesting the Office of Management and Budget (OMB) grant an extension on a previously approved information collection request, OMB control number 2900-0418, concerning Organizational Conflicts of Interest. Performance of the VA mission requires the use of contractors. VAAR provision 852.209-70, Organizational Conflicts of Interest, establishes VA unique requirements to implement section 8141 of the 1989 Department of Defense Appropriation Act, Pub. L. 100-463, 102 Stat. 2270-47 (1988). VAAR section 809.507-1, Solicitation provisions, prescribes VAAR provision 852.209-70, Organizational Conflicts of Interest, and applies to contracts (and solicitations to select such contracts) with either profit or nonprofit organizations, and is included in any solicitation for services addressed in Federal Acquisition Regulation (FAR) 9.502, to include in those types of acquisitions where organizational conflicts of interest are more likely to occur such as in contracts involving management support services; consultant or other professional services; contractor performance of or assistance in technical evaluations; or systems engineering and technical direction work performed by a contractor that does not have overall contractual responsibility for development or production. Offerors must advise, as part of the firm’s offer, whether award of the contract to the firm might involve organizational conflicts of interest or potential conflicts of interest, and, if so, to disclose all relevant facts regarding the conflicts or potential conflicts. The Agency is requesting a 3-year extension to collect this information from public or private businesses.

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Authorizing Statute(s): US Code: 44 USC 3507 Name of Law: Paperwork Reduction Act of 1995
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 62429	09/11/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 84403	12/05/2023
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Department of Veterans Affairs Acquisition Regulation Sections 809.504(d) and Clause 852.209-70

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ICR Summary of Burden

	Total Request	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	102	102	0	0	0	0
Annual Time Burden (Hours)	102	102	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $5,366

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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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: 12/11/2023

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