Information Collection; Prohibition on Contracting With Entities Using Certain Telecommunications and Video Surveillance Services or Equipment (FAR Case 2019-009)
| Published date | 17 August 2020 |
| Citation | 85 FR 50026 |
| Record Number | 2020-17695 |
| Section | Notices |
| Court | Defense Department,National Aeronautics And Space Administration |
Federal Register, Volume 85 Issue 159 (Monday, August 17, 2020)
[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Notices]
[Pages 50026-50027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17695]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0201; Docket No. 2020-0053; Sequence No. 6]
Information Collection; Prohibition on Contracting With Entities
Using Certain Telecommunications and Video Surveillance Services or
Equipment (FAR Case 2019-009)
AGENCY: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, and
the Office of Management and Budget (OMB) regulations, DoD, GSA, and
NASA invite the public to comment on an extension of information
collection 9000-0201 concerning representations and reporting
associated with implementation of Federal Acquisition Regulation (FAR)
rule 2019-009, Prohibition on Contracting with Entities Using Certain
Telecommunications and Video Surveillance Services or Equipment. OMB
authorized information collection 9000-0201 as an emergency collection.
DoD, GSA, and NASA propose that OMB extend its approval for use for
three additional years beyond the current expiration date.
DATES: DoD, GSA, and NASA will consider all comments received by
October 16, 2020.
ADDRESSES: DoD, GSA, and NASA invite interested persons to submit
comments on this collection through http://www.regulations.gov and
follow the instructions on the site. This website provides the ability
to type short comments directly into the comment field or attach a file
for lengthier comments. If there are difficulties submitting comments,
contact the GSA Regulatory Secretariat Division at 202-501-4755 or
[email protected].
Instructions: All items submitted must cite Information Collection
9000-0201, Prohibition on Contracting with Entities Using Certain
Telecommunications and Video Surveillance Services or Equipment (FAR
Case 2019-009). Comments received generally will be posted without
change to regulations.gov, including any personal and/or business
confidential information provided. To confirm receipt of your
comment(s), please check regulations.gov, approximately two-to-three
days after submission to verify posting.
FOR FURTHER INFORMATION CONTACT: FAR Policy at telephone 202-969-4075,
or [email protected].
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and Any Associated Form(s)
9000-0201, Prohibition on Contracting with Entities Using Certain
Telecommunications and Video Surveillance Services or Equipment (FAR
Case 2019-009).
B. Need and Uses
This information collection supports implementation of subparagraph
(a)(1)(B) of Section 889 of the John S. McCain National Defense
Authorization Act (NDAA) for Fiscal Year 2019 (Pub. L. 115-232). DoD,
GSA, and NASA published an interim rule (FAR Case 2019-009) at 85 FR
42665 on July 14, 2020 to implement section 889(a)(1)(B) of the NDAA.
This section prohibits executive agencies from entering into, or
extending or renewing, a contract with an entity that uses any
equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system, on or after
August 13, 2020, unless an exception applies or a waiver has been
granted.
This requirement is implemented in the Federal Acquisition
Regulation (FAR) through the provision at FAR 52.204-24, Representation
Regarding Certain Telecommunications and Video Surveillance Services or
Equipment and the clause at FAR 52.204-25, Prohibition on Contracting
for Certain Telecommunications and Video Surveillance Services or
Equipment.
Information collected under the provision at 52.204-24 will be used
to identify if an offeror uses any equipment, system, or service that
uses covered telecommunications equipment or services as a substantial
or essential component of any system, or as critical technology as part
of any system, and their intended use in order to determine whether the
prohibition applies.
Information collected under the clause at FAR 52.204-25 will
consist of reports from contractors who have identified, post-award,
the use of any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical
[[Page 50027]]
technology as part of any system, and requires a disclosure that will
be used by agency personnel to identify and consult with legal counsel
and the program office on next steps regarding the prohibited equipment
or services.
If the Government seeks a waiver from the prohibition, the offeror
will be required to provide a full and complete laydown of the
presences of covered telecommunications or video surveillance equipment
or services in the entity's supply chain, a phase-out plan to eliminate
such covered telecommunications equipment or services from the
offeror's systems, and any other information necessary for the agency
to process the waiver.
C. Annual Burden
The annual public reporting burden for this collection of
information is estimated as follows:
Agency: DoD, GSA, and NASA.
Type of Information Collection: New Collection.
Title of Collection: Representation Regarding Certain
Telecommunications and Video Surveillance Services or Equipment.
FAR Clause: 52.204-24.
Affected Public: Private Sector--Business.
Total Estimated Number of Respondents: 102,792.
Average Responses per Respondents: 378.
Total Estimated Number of Responses: 38,854,291.
Average Time (for both positive and negative representations) per
Response: 3 hours.
Total Annual Time Burden: 116,562,873.
Agency: DoD, GSA, and NASA.
Type of Information Collection: New Collection.
Title of Collection: Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment.
FAR Clause: 52.204-25.
Affected Public: Private Sector--Business.
Total Estimated Number of Respondents: 5,140.
Average Responses per Respondents: 5.
Total Estimated Number of Responses: 25,700.
Average Time per Response: 3 hours.
Total Annual Time Burden: 77,100.
Agency: DoD, GSA, and NASA.
Type of Information Collection: New Collection.
Title of Collection: Waiver from Prohibition on Contracting for
Certain Telecommunications and Video Surveillance Services or
Equipment.
FAR Clause: 52.204-25.
Affected Public: Private Sector--Business.
Total Estimated Number of Respondents: 20,000.
Average Responses per Respondents: 1.
Total Estimated Number of Responses: 20,000.
Average Time per Response: 160 hours.
Total Annual Time Burden: 3,200,000.
The public reporting burden for this collection of information
consists of a representation to identify whether an offeror uses
covered telecommunications equipment or services for each offer as
required by 52.204-24 and reports of identified use of covered
telecommunications equipment or services as required by 52.204-25. The
representation at 52.204-24 is estimated to average 3 hours per
response to review the prohibitions, research the source of the product
or service, and complete the additional detailed disclosure, if
applicable. Reports required by 52.204-25 are estimated to average 3
hours per response, including the time for reviewing definitions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the report.
If the Government seeks a waiver from the prohibition, the offeror
will be required to provide a full and complete laydown of the
presences of covered telecommunications or video surveillance equipment
or services in the entity's supply chain and a phase-out plan to
eliminate such covered telecommunications equipment or services from
the offeror's systems. There is no way to estimate the total number of
waivers at this time. For the purposes of complying with the PRA
analysis, the FAR Council estimates 20,000 waivers; however there is no
data for the basis of this estimate. This estimate may be higher or
lower once the rule is in effect.
D. Public Comments
DoD, GSA, and NASA invite comments on: whether the proposed
collection of information is necessary for the proper performance of
the functions of Federal Government acquisitions, including whether the
information will have practical utility; the accuracy of the estimate
of the burden of the proposed information collection; ways to enhance
the quality, utility, and clarity of the information to be collected;
and ways to minimize the burden of the information collection on
respondents, including the use of automated collection techniques or
other forms of information technology.
Obtaining Copies: Requesters may obtain a copy of the information
collection documents from the GSA Regulatory Secretariat Division by
calling 202-501-4755 or emailing [email protected]. Please cite OMB
Control No. 9000-0201, Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment (FAR
Case 2019-009).
William Clark,
Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2020-17695 Filed 8-14-20; 8:45 am]
BILLING CODE 6820-EP-P
