View Information Collection Request (ICR) Package

OMB Control No: 9000-0107	ICR Reference No: 202404-9000-002
Status: Active	Previous ICR Reference No: 202205-9000-001
Agency/Subagency: FAR	Agency Tracking No:
Title: Federal Acquisition Regulation Part 23 Requirements--FAR Sections Affected: 52.223-2, 52.223-5, 52.223-7, 52.223-9, and 52.223-22
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/03/2024
	Date Received in OIRA: 04/22/2024
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2027	36 Months From Approved	07/31/2025
Responses	160,600	0	165,570
Time Burden (Hours)	706,089	0	735,631
Cost Burden (Dollars)	49,017,335	0	50,758,261

Abstract: This clearance covers the information that offerors and contractors must submit to comply with the following FAR part 23 requirements: • FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. This clause requires the contractor to report annually the product types and dollar value of any United States Department of Agriculture (USDA)-designated biobased products purchased by the contractor during the previous Government fiscal year. • FAR 52.223-5, Pollution Prevention and Right-to-Know Information. This clause requires a contractor that is performing at a federal facility to provide all information needed by the federal facility to comply with Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11001-11050) and the Pollution Prevention Act of 1990 (42 U.S.C.13101-13109). Contractors report information related to emergency planning and hazardous chemicals reporting and toxic chemical release inventories. • 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. • 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 Environmental Protection Agency (EPA)-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer 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. • 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.

Authorizing Statute(s): EO: EO 14057 Name/Subject of EO: Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
9000-AO43	Final or interim final rulemaking	89 FR 30210	04/22/2024

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 51672	08/03/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 30210	04/22/2024
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	160,600	165,570	-4,970
Annual Time Burden (Hours)	706,089	735,631	-29,542
Annual Cost Burden (Dollars)	49,017,335	50,758,261	-1,740,926

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: This revision includes the following changes based on amendments to the FAR under FAR Case 2022-006, Sustainable Procurement: • The clause at FAR 52.223-6, Drug-Free Workplace, is transferred from FAR part 23 to FAR part 26 and renumbered as FAR clause 52.226-7. As a result, the information collection requirements associated with this clause are being removed from this justification and transferred to a new OMB Control Number 9000-0207, titled “Federal Acquisition Regulation (FAR) Part 26 Requirements.” • The clauses at FAR 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons, and FAR 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners, are amended to remove the requirement for contractors to report certain information related to hydrofluorocarbon. Therefore, the information collection requirements are removed from this justification. • Alternates I and II of the clause at FAR 52.223-5, Pollution Prevention and Right-to-Know Information, are removed from the FAR. These Alternates previously required the contractor to provide agencies information necessary to comply with EMS or FCA. As a result, the information collection requirements associated with EMS and FCA under FAR clause 52.223-5 are removed from this justification.

Annual Cost to Federal Government: $15,965,670

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

Agency Contact: Jennifer Hawes 202 969-7386 jennifer.hawes@gsa.gov

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