Violations of Arms Control Treaties or Agreements--FAR Case 2017-018; FAR Sections Affected: 9.109-5 & 52.209-XX

Forms and Documents

Document Name	Status
9000-0198_Supporting Statement.doc Supporting Statement A	2018-06-13

IC Document Collections

IC ID	Document Title	Status
229011	Violations of Arms Control Treaties or Agreements--FAR Case 2017-018; FAR Sections Affected: 9.109-5 & 52.209-XX	New

ICR Details

OMB Control No: 9000-0198	ICR Reference No: 201711-9000-007
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: FAR	Agency Tracking No:
Title: Violations of Arms Control Treaties or Agreements--FAR Case 2017-018; FAR Sections Affected: 9.109-5 & 52.209-XX
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: 06/05/2018
OIRA Conclusion Action: Approved with change	Conclusion Date: 06/18/2018
	Date Received in OIRA: 06/01/2018
Terms of Clearance: This collection is approved for 6 months based on the revised materials provided by the FAR Council. Should the FAR Council want to continue to use these collections past the 6 month period, a 60 and 30 notice must be published.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2018	6 Months From Approved
Responses	100,052	0	0
Time Burden (Hours)	40,021	0	0
Cost Burden (Dollars)	2,988,489	0	0

---

Abstract: This information collection is necessary to implement section 1290 of the National Defense Authorization Act for Fiscal Year 2017. Unless the contract is for the procurement of goods or services along a major route of supply to a zone of active combat or major contingency, the prescription at FAR 9.109-6 requires contracting officers to insert the provision at 52.209-XX in solicitations exceeding the simplified acquisition threshold, other than those for the acquisition of commercial items.

Emergency Justfication: The implementation of the interim rule and information collection will protect against doing business with entities that engage in any activity that contributed to or is a significant factor in a country's failure to comply with arms control treaties or agreements with the United States. Arms control, nonproliferation, and disarmament agreements can limit or reduce threats to the security of the United States and our allies, contributing to transparency and stability on a global and regional scale. Failure of participating countries to comply with such agreements can present serious national security challenges. Therefore, robust compliance enforcement is a critical aspect of U.S. national security planning. With some exceptions, the head of any executive agency is prohibited from entering into, renewing, or extending a contract for the procurement of products or services from any entity involved in activities that violate arms control treaties or agreements with the United States. Passage of the omnibus appropriations bill and the availability of additional funding for FY 18 has increased agency purchasing activity, and the information to be collected is necessary to ensure that this purchasing is done responsibly and consistently with national security and agencies’ missions.

---

Authorizing Statute(s): US Code: 22 USC 2593a Name of Law: Arms Control and Disarmament Act
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
9000-AN57	Final or interim final rulemaking	83 FR 28145	06/15/2018

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Violations of Arms Control Treaties or Agreements--FAR Case 2017-018; FAR Sections Affected: 9.109-5 & 52.209-XX

---

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	100,052	0	0	100,052	0	0
Annual Time Burden (Hours)	40,021	0	0	40,021	0	0
Annual Cost Burden (Dollars)	2,988,489	0	0	2,988,489	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: This is a new information collection.

---

Annual Cost to Federal Government: $36,156

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? Uncollected

---

Common Form ICR:  No

---

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: 06/01/2018

---