targabrite

Hey Don, Thanks for the response. I am with you from what the control number documentation says... Still stracth my head from a couple perspectives. 1.) As you well know, the table in FAR 1.106 has citations at various levels within the regulation (Sub-part, Section, sub-section, etc.). I am thinking that clarity could best be achieved by including the precise citation if it is intended to be exclusive to Presolicitation Notices. 2.) Do you have any good thoughts on what makes presolicitation notices unique from a PRA viewpoint? 3.) In your opinion, Is it really the intention of PRA to "approve" the collection of information when the intended interaction is the collection/clarification of requirements between the Government and it's system end users? -- I recognize that this is a more fundamental question than how the PRA intersects with the FAR. Thanks again,

Given the PRA nightmare I am currently enduring, I couldn't resist using the above quote as a springboard for soliciting input. I will try to include only relevant details, but can provide more background if necessary. Issue being disputed is the interaction of Government employees with State and Local law enforcement end users attempting to collect/clarify future system requirements. To ensure PRA is squarely in this conversation, assume the desired collection method would include identical questions to 10 or more individuals. Further assume that the Government currently has a plan is to solidify the requirements set and then solicit proposals utilizing FAR 15 procedures for satisfaction of said requirements set. Initial ruling from Government attorney (self-identified as not intimately familiar with the procurement process and the FAR) is PRA applies and interaction requires OMB approval before information can be collected. I, of course, go to FAR 1.106 and find that the table denotes FAR 15.2 as being covered under OMB control number 9000-0037. I think to myself...we are good...FAR 15.201(a) encourages the exchange of information among interested parties from the earliest identification of a requirement and then goes on to define interested parties as "potential offerors, end users, Government acquisition and supporting personnel, and others involved in the conduct or outcome of the acquisition." I believe I could of stopped there and relied upon 1.106, but was I interested in control number 9000-0037. Sparing you the research details, but the findings are as follows: 1.) OMB Control Number 9000-0037 is entitled "Presolicitation Notices" - FAR 15.201©(5) as everyone knows. 2) The support documentation of 9000-0037 lists FAR 15.201© as the "FAR Section affected" 3.) As previously noted... The table in FAR 1.106 denotes FAR 15.2 as being covered by Control Number 9000-0037. I argued that FAR 1.106 necessarily trumps the "title" of a control and/or it's supporting documentation and that we could rely upon FAR 1.106. The attorney(s)...yes there is more than 1 now... are hesitant to accept this argument. Final point for complete transparency! We spoke to the GSA rep responsible for Control Number 9000-0037 and she said that 9000-0037 was addressing "Presolicitation Notices", but nobody could answer why FAR 1.106 has FAR 15.2 and not FAR 15.201©(5) listed and why Presolicitation Notices are different than the other types of information exchange listed in 15.201©. So...what is everyone’s thought on what type of information collection is approved under OMB Control number 9000-0037? FAR 15.2, FAR 15.201©, or FAR 15.201©(5)?