SUPPORTING STATEMENT
Defense Federal Acquisition Regulation Supplement (DFARS); U.S.-International Atomic Energy Agency Additional Protocol; OMB Control No. 0704-0454
A. JUSTIFCATION
1. Need for the Information Collection
This statement supports a request to for renewal of an information collection requirement currently approved under OMB Clearance Number 0704-0454 for Defense Federal Acquisition Regulation Supplement (DFARS) 204.470, U.S.-International Atomic Energy Agency Additional Protocol, and the related clause at DFARS 252.204-7010, Requirement for Contractor to Notify DoD if the Contractor’s Activities are Subject to Reporting Under the U.S.-International Atomic Energy Agency Additional Protocol.
The U.S.-International Atomic Energy Agency (IAEA) Additional Protocol (AP) permits the United States to declare exclusions from inspection requirements for activities, or associated locations or information, with direct national security significance. The clause at DFARS 252.204-7010 requires contractors to notify DoD if their activities are subject to reporting and potential inspection under the U.S.-IAEA AP so that DoD can determine the applicability of a national security exclusion. The clause is included in contracts for research and development or major defense acquisition programs involving fissionable materials (e.g., uranium, plutonium, neptunium, thorium, americium); other radiological source materials; or technologies directly related to nuclear power production, including nuclear or radiological waste materials.
2. Use of the Information
DoD requires this information to provide for protection of activities, or associated locations or information, with national security significance. DoD program managers will use the information to determine if IAEA inspectors may be granted access to a contractor’s facility, or if a national security exclusion should be applied.
3. Use of Information Technology
Information technology is used approximately 100% of the time to reduce burden. The clause requires a contractor to provide written notification to the applicable DoD program manager if the contractor is required to report its activities under the U.S.-IAEA AP.
4. Non-duplication
As a matter of policy, DoD reviews the Federal Acquisition Regulation (FAR) to determine if adequate language already exists. This request for information applies solely to DoD and does not duplicate any other requirement. Similar information is not already available to the Government.
5. Burden on Small Business
The burden applied to small business is the minimum consistent with applicable laws, Executive orders, regulations and prudent business practices. The requirements for information collection are only occasional, as the circumstances dictate.
6. Less Frequent Collection
Less frequent collection of this information could result in compromise of sensitive defense information.
7. Paperwork Reduction Act Guidelines
This collection is consistent with the guidelines in 5 CFR 1320.5(d), except the collection deviates from 1320.5(d)(2)(ii), which specifies a minimum of 30 days for respondents to prepare a written response to a collection of information after receipt of the information. Instead, the DFARS clause requires a contractor to immediately notify DoD if its activities are subject to reporting under the U.S.-IAEA AP. Immediate notification is needed to ensure that all relevant activities are reviewed for direct national security significance in sufficient time to prevent inappropriate disclosure of sensitive information.
8. Consultation and Public Comments
a. For the purpose of calculating respondent burden, DoD subject matter experts in the Office of the Deputy Assistant Secretary of Defense for Threat Reduction and Arms Control (ODASD(TRAC)) were contacted to obtain current data.
b. This information collection is consistent with the guidelines in 5 CFR 1320.6. In accordance with 5 CFR 1320.8(d), public comments were solicited in the Federal Register on March 14, 2018 (83 FR 11187). One comment was received that concerned good air and water quality, and is therefore outside the scope of this renewal.
c. A notice of submission to OMB for clearance of this information collection was published in the Federal Register on May 23, 2018 (83 FR 23906).
9. Gifts or Payment
No payment or gift will be provided to respondents, other than remuneration of contractors under their contracts.
10. Confidentiality
This information is disclosed only to the extent consistent with prudent business practices and current regulatory, statutory, and Freedom of Information Act requirements. The collection of information does not include any personally identifiable information (PII) and records are not retrievable by PII; therefore, no Privacy Impact Assessment or Privacy Act System of Records Notice is required.
11. Sensitive Questions
No sensitive questions are involved in the information collection.
12. Respondent Burden, and its Labor Costs
Based on information provided by ODASD(TRAC) cognizant personnel, approximately 300 notifications are expected annually, which is unchanged from the current level of responses. DoD estimates that it will take a contractor approximately one hour to prepare and submit each notification. The estimated annual cost to the public is as follows:
Estimation of Respondent Burden Hours: DFARS 252.204-7010 |
|
Number of respondents (1) |
300 |
Responses per respondent (2) |
1 |
Number of responses (3) |
300 |
Hours per response (4) |
1 |
Estimated hours (5) |
300 |
Cost per hour (hourly wage) (6) |
$76 |
Annual public burden (7) |
$22,800 |
Notes:
(1) According to DoD experts, an average of 300 contractors (respondents) submit reports each year.
(2) Contractors are estimated to submit an average of 1 report each.
(3) The number of responses is calculated by multiplying the number of respondents by the number of responses per respondent.
(4) The projected number of hours per response is a judgmental estimate and reflects the average amount of time required to gather, organize, and submit the required data. The current estimate remains unchanged from the 2015 estimate of 1 hour per response.
(5) The estimated hours are calculated by multiplying the number of responses by the estimated hours per response.
(6) The fully burdened rate of $76 was developed using the Office of Personnel Management (OPM) 2018 basic hourly salary (for the rest of U.S. locality) of $55.99 for a General Schedule (GS) 14, step 5, employee, plus a burden of 36.25 percent (per OMB Circular A-76, Attachment C), which equals $76.29. This rate was rounded to $76.
(7) The total annual public burden is calculated by multiplying estimated hours by the cost per hour.
13. Estimated nonrecurring costs.
There are no nonrecurring costs, i.e., capital and start—up, or operation and maintenance costs for contractors.
14. Estimated cost to the Government.
The total Government hourly and cost burden to receive, review, and analyze the information submitted by contractors is estimated as follows:
Estimation of Government Burden Hours: DFARS 252.204-7010 |
|
Number of responses (1) |
300 |
Hours per response (2) |
3 |
Estimated hours (3) |
900 |
Cost per hour (hourly wage) (4) |
$76 |
Annual Government burden (5) |
$68,400 |
Notes:
(1) See methodology for obtaining total number of responses summarized in paragraph 12. of this supporting statement.
(2) The estimated 3 hours per response is based on the average time required for the Government to receive, review, and analyze the information submitted by the contractor. This is unchanged from the previous estimate.
(3) The estimated hours are calculated by multiplying the number of responses by the estimated hours per response.
(4) The fully burdened rate of $76.00 was developed using the Office of Personnel Management (OPM) 2018 basic hourly salary (for the rest of U.S. locality) of $55.99 for a General Schedule (GS) 14, step 5, employee, plus a burden of 36.25 percent (per OMB Circular A-76, Attachment C), which equals $76.29. This rate was rounded to $76.00.
(5) The total annual Government burden is calculated by multiplying estimated hours by the cost per hour.
15. Reasons for changes in burden.
There is no change to the information collection requirements covered under OMB Control Number 0704-0454. The only change in burden is the result of using the current OPM GS hourly labor rates for fiscal year 2018 to calculate the cost per hour.
16. Publication.
Results of this information collection will not be published.
17. Expiration date.
We do not seek approval not to display the expiration date for OMB approval of the information collection.
18. Certification.
There are no exceptions to the certification accompanying this Paperwork Reduction Act submission. The information to respondents required by 50 CFR 1320.8(b)(3) will be provided in a separate Federal Register notice announcing the OMB approval of this collection of information.
B. Collections of Information Employing Statistical Methods
Statistical methods are not used in this information collection.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Modified | 0000-00-00 |
| File Created | 2021-01-21 |