Requests for Reimbursement under Section 3610 of the CARES Act

Forms and Documents

Document Name	Status
Encl 2 Emergency Determination 3610 CARES Act 08.12.20.docx Supplementary Document	2020-08-12
Emergency Clearance Memo 3610 CARES Act 08.12.20.pdf Supplementary Document	2020-08-12
Section 3610 of the CARES Act.docx Supplementary Document	2020-08-12
TAB A Deviation Memo - 2020-OZZZZ 08.11.20 Final.docx Supplementary Document	2020-08-12
Section 3610 CARES Act Supporting Statement 08.11.20.docx Supporting Statement A	2020-08-11

IC Document Collections

IC ID	Document Title	Status
243134	Contract Clause -- Reporting Credits and Loan Forgiveness Other-Contract Clause	New
243131	Global Reimbursement Checklist Instruction	New
243130	Multipurpose Reimbursement Checklist -- Other than Certified Cost or Pricing Data Required Instruction	New
243128	Multipurpose Reimbursement Checklist -- Certified Cost or Pricing Data Required Instruction	New
243127	Abbreviated Reimbursement Checklist Instruction	New

ICR Details

OMB Control No: 0750-0003	ICR Reference No: 202008-0750-001
Status: Active	Previous ICR Reference No:
Agency/Subagency: DOD/DARC	Agency Tracking No:
Title: Requests for Reimbursement under Section 3610 of the CARES Act
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: 08/14/2020
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/14/2020
	Date Received in OIRA: 08/12/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2021	6 Months From Approved
Responses	24,337	0	0
Time Burden (Hours)	1,523,053	0	0
Cost Burden (Dollars)	87,448,488	0	0

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Abstract: Section 3610 of the Coronavirus Aid, Relief and Economic Security (CARES) Act (Pub. L. 116-136), enacted on March 27, 2020, authorizes, but does not require, contracting officers to modify contracts and other agreements, without consideration, to reimburse contractors for paid leave a contractor provides to keep its employees or subcontractors in a ready state, including to protect the life and safety of Government and contractor personnel, during the public health emergency declared for Coronavirus Disease (COVID-19). A contractor request for reimbursement under section 3610 must include sufficient documentation to support the request and enable the contracting officer to determine whether a contractor is eligible for reimbursement under section 3610 and, if so, the amount of reimbursement to provide to a contractor.

Emergency Justfication: This information collection is urgently needed in order to process affected contractor requests for reimbursement of paid leave to employees who cannot perform work onsite due to facility closures or restrictions and are unable to telework because their jobs cannot be performed remotely, in accordance with section 3610 of the CARES Act. It is necessary to collect the information immediately to prevent the loss of critical skilled labor, sources of supply, and warfighter capabilities due to reduced cash flow that can have an impact on payroll payments, reduced manning, and material throughput within the Defense Industrial Base. Continuing payments to contractors under these conditions enables contractors to keep its employees in a ready state.

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Authorizing Statute(s): US Code: 41 USC 1707 Name of Law: The OFPP Act
   PL: Pub.L. 116 - 136 3610 Name of Law: Coronavirus Aid, Relief and Economic Security (CARES) Act
  

Citations for New Statutory Requirements: PL: Pub.L. 116 - 136 3610 Name of Law: Coronavirus Aid, Relief and Economic Security (CARES) Act

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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

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 5

IC Title	Form No.	Form Name
Abbreviated Reimbursement Checklist
Multipurpose Reimbursement Checklist -- Certified Cost or Pricing Data Required
Multipurpose Reimbursement Checklist -- Other than Certified Cost or Pricing Data Required
Global Reimbursement Checklist
Contract Clause -- Reporting Credits and Loan Forgiveness

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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	24,337	0	0	24,337	0	0
Annual Time Burden (Hours)	1,523,053	0	0	1,523,053	0	0
Annual Cost Burden (Dollars)	87,448,488	0	0	87,448,488	0	0

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: Section 3610 of the Coronavirus Aid, Relief and Economic Security (CARES) Act (Pub. L. 116-136), enacted on March 27, 2020, authorizes, but does not require, contracting officers to modify contracts and other agreements, without consideration, to reimburse contractors for paid leave a contractor provides to keep its employees or subcontractors in a ready state, including to protect the life and safety of Government and contractor personnel, during the public health emergency declared for Coronavirus Disease (COVID-19). A contractor request for reimbursement under section 3610 must include sufficient documentation to support the request and enable the contracting officer to determine whether a contractor is eligible for reimbursement under section 3610 and, if so, the amount of reimbursement to provide to a contractor.

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Annual Cost to Federal Government: $6,907,223

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.     Yes

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? Yes

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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: 08/12/2020

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