Daily Rules, Proposed Rules, and Notices of the Federal Government
Comments also should be sent to the Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503.
The Forest Service must comply with similar restrictions in sections 433 and 434 of the Consolidated Appropriations Act, 2012 (Pub. L. 112-74, as amended and/or subsequently enacted). The Forest Service restrictions on doing business are almost identical to the restrictions for other USDA offices and agencies; the one difference is that the Forest Service restrictions are concerned only with felony convictions under Federal law, rather than both Federal and State law.
To comply with the appropriations restrictions, the proposed information collection will require corporate applicants and awardees for USDA and Forest Service programs to represent accurately whether they do or do not have any qualifying convictions or tax delinquencies which would prevent USDA or the Forest Service from entering into a proposed business transaction with the corporate applicant. For non-procurement programs and transactions, these representations will be submitted on the proposed information collection forms AD-3030, AD 3031, AD-3030-FS and AD-3031-FS. For procurement transactions, compliance with the appropriations restrictions has been effected through the issuance of Agricultural Acquisition Regulation Advisory Number 104, issued March 29, 2012 and available here:
In July of 2012, OCIO received a temporary emergency clearance of forms AD-3030, AD-3031, AD-3030-FS and AD-3031-FS to begin use of the forms to effectuate compliance with the appropriations restrictions. The temporary emergency clearance expires December 31, 2012. While this expiration date is after the end of the 2012 fiscal year, the representations will continue to be required as Congress has already extended the fiscal year 2012 appropriations. Also, it is possible that the same appropriations restrictions will
The AD-3030 and AD-3030-FS forms will effectuate compliance with the appropriations restrictions by requiring all corporate applicants to represent at the time of application for a non-procurement program whether they have any felony convictions or tax delinquencies that would prevent USDA or the Forest Service from doing business with them. Corporations include, but are not limited to, any entity that has filed articles of incorporation in one of the 50 States, the District of Columbia, or the various territories of the United States. Corporations include both for profit and non-profit entities. The AD-3031 and AD-3031-FS require an affirmative representation that corporate awardees for non-procurement transactions do not have any felony convictions or tax delinquencies. The AD 3030/3030-FS are required at the time of application and the AD 3031/3031-FS are required at the time of award. If the application and award process are a single step, the agency or staff office may require both forms to be filed at the same time.
Collection of this information is necessary to ensure USDA agencies and staff offices and Forest Service comply with the appropriations restrictions prohibiting the Government from doing business with corporations with felony convictions and/or tax delinquencies.
We are requesting comments on all aspects of this information collection to help us to:
(1) Evaluate whether the collection of information is necessary for the proper performance of the functions of the Agencies and Staff offices, including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden, of the collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, through the use of appropriate automated, electronic, mechanical, technological and other forms of information technology collection methods.
All responses to this notice, including names and addresses when provided, will be summarized and included in the request for OMB approval. All comments will also become a matter of public record.