1105-NEW PRA Supporting Statement

Supporting Statement for Paperwork Reduction Act Submission
U.S. Department of Justice, Antitrust Division
Procurement Collusion Strike Force Complaint Form
OMB Number: 1105-NEW
PART A. JUSTIFICATION
1. Explain the circumstances that make the collection of information necessary.
Identify any legal or administrative requirements that necessitate the collection.
Attach a copy of the appropriate section of each statute and regulation mandating
or authorizing the collection of information.
Pursuant to 28 CFR Section 0.40, the Assistant Attorney General for the Antitrust Division is
responsible for general enforcement of the Federal antitrust laws, including investigation of
possible violations of the antitrust laws, conduct of grand jury proceedings, and prosecution of
civil and criminal antitrust violations. Price fixing, bid rigging, and market allocation agreements
violate Section One of the Sherman Act, 15 U.S.C. § 1, and are prosecuted criminally.
The Department of Justice formed the Procurement Collusion Strike Force (PCSF) in 2019, to
focus on deterring, detecting, investigating, and prosecuting antitrust crimes and related frauds
involving government procurement, grants, and program funding. The PCSF members include
the Department’s Antitrust Division, multiple U.S. Attorneys’ offices, the Federal Bureau of
Investigation, and the Inspectors General for various Federal agencies. The collection of
information through the PCSF complaint form facilitates reporting of information regarding
potential antitrust crimes affecting government procurement.
2. Indicate how, by whom, and for what purpose the information is to be used. Except
for a new collection, indicate the actual use the agency has made of the information
received from the current collection.
Respondents will be able to complete and submit information electronically through the PCSF
complaint form on the Antitrust Division’s website. The form prompts respondents to identify
who was involved in the suspected antitrust violations affecting government procurement;
describe the affected government contract, grant, or program; describe the conduct that is the
subject of the complaint; and provide contact information. The Antitrust Division may use the
information provided to respond to complaints and contacts, initiate or further investigations, and
refer complaints or contacts to other law enforcement agencies.
3. Describe whether, and to what extent, the collection of information involves the use
of automated, electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic submission of
responses, and the basis for the decision for adopting this means of collection. Also
describe any consideration of using information technology to reduce burden.
The PCSF complaint form is a web-based form. All information is collected and stored in
electronic digital format. This format minimizes the burden on respondents.

4. Describe efforts to identify duplication. Show specifically why any similar
information already available cannot be used or modified for use for the purposes
described in Item 2 above.
The Antitrust Division has no information collection form concerning potential antitrust
violations. No other agency is collecting this information.
5. If the collection of information impacts small businesses or other small entities,
describe any methods used to minimize burden.
This collection of information will not have a significant impact on a substantial number of small
entities.
6. Describe the consequence to Federal program or policy activities if the collection is
not conducted or is conducted less frequently, as well as any technical or legal
obstacles to reducing burden.
This voluntary collection facilitates the reporting of potential antitrust violations affecting
government procurement. Absent the collection, the Department may not receive certain
information that could be used to initiate or further investigations of antitrust violations. The
frequency of the information collection is determined by respondents.
7. Explain any special circumstances that would cause an information collection to be
conducted in a manner:
 requiring respondents to report information to the agency more often than
quarterly;
 requiring respondents to prepare a written response to a collection of
information in fewer than 30 days after receipt of it;
 requiring respondents to submit more than an original and two copies of any
document;
 requiring respondents to retain records, other than health, medical, government
contract, grant-in-aid, or tax records, for more than three years;
 in connection with a statistical survey, that is not designed to produce valid and
reliable results that can be generalized to the universe of study;
 requiring the use of a statistical data classification that has not been reviewed
and approved by OMB;
 that includes a pledge of confidentiality that is not supported by authority
established in statute or regulation, that is not supported by disclosure and data
security policies that are consistent with the pledge, or which unnecessarily
impedes sharing of data with other agencies for compatible confidential use; or
 requiring respondents to submit proprietary trade secrets, or other confidential
information unless the agency can demonstrate that it has instituted procedures
to protect the information's confidentiality to the extent permitted by law.
None of these special circumstances apply to this collection of information.

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8. If applicable, provide a copy and identify the date and page number of publication
in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d),
soliciting comments on the information collection prior to submission to OMB.
Summarize public comments received in response to that notice and describe
actions taken by the agency in response to these comments. Specifically address
comments received on cost and hour burden.
Describe efforts to consult with persons outside the agency to obtain their views on the
availability of data, frequency of collection, the clarity of instructions and
recordkeeping, disclosure, or reporting format (if any), and on the data elements to be
recorded, disclosed, or reported.
Consultation with representatives of those from whom information is to be obtained or
those who must compile records should occur at least once every 3 years - even if the
collection of information activity is the same as in prior periods. There may be
circumstances that may preclude consultation in a specific situation. These
circumstances should be explained.

On October 24, 2019, a 60-Day Federal Register Notice was published at 84 FR 57055. No
comments were received.
9. Explain any decision to provide any payment or gift to respondents, other than
remuneration of contractors or grantees.
Not applicable. No payments or gifts are provided to respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis for
the assurance in statute, regulation, or agency policy. If the collection requires a
systems of records notice (SORN) or privacy impact assessment (PIA), those should
be cited and described here.
The Antitrust Division’s website includes a Confidentiality Policy statement regarding
complainants. The Division’s Confidentiality Policy provides that the Antitrust Division will use
information provided by complainants only for legitimate law enforcement purposes, and will
protect the identity of complainants and the information provided to the full extent of the law.
The website also provides a link to the Department of Justice’s Privacy Policy.
The collection is covered by the Management Information System (MIS) Privacy Impact
Assessment, available at https://www.justice.gov/atr/management-information-system-misprivacy-impact-assessment.
The collection of information is covered by two existing system of records notices (SORNs):


ATR-006, “Antitrust Management Information System (AMIS) - Monthly Report,” 63
Fed. Reg. 8659 (2-20-1998), 66 Fed. Reg. 8425 (1-31-2001), 66 Fed. Reg. 17200 (3-292001), 82 FR 24147 (5-25-2017). Exemptions Claimed Pursuant to 5 U.S.C. 552a(k)(2).
See 28 C.F.R. § 16.88.
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

ATR-009, “Public Complaints and Inquiries File,” 45 Fed. Reg. 57898, 902 (11-171980); 66 Fed. Reg. 8425 (1-31-2001); 82 Fed. Reg. 24147 (5-25-2017).

.
The PCSF complaint form includes a Privacy Act Statement, pursuant to the Privacy Act of
1974, 5 U.S.C. § 552a(e)(3).
11. Provide additional justification for any questions of a sensitive nature, such as
sexual behavior and attitudes, religious beliefs, and other matters that are
commonly considered private. This justification should include the reasons why the
agency considers the questions necessary, the specific uses to be made of the
information, the explanation to be given to persons from whom the information is
requested, and any steps to be taken to obtain their consent.
This collection does not request information of a sensitive nature.
12. Provide estimates of the hour burden of the collection of information. The statement
should:


Indicate the number of respondents, frequency of response, annual hour burden,
and an explanation of how the burden was estimated. Unless directed to do so,
agencies should not conduct special surveys to obtain information on which to
base hour burden estimates. Consultation with a sample (fewer than 10) of
potential respondents is desirable. If the hour burden on respondents is expected
to vary widely because of differences in activity, size, or complexity, show the
range of estimated hour burden, and explain the reasons for the variance.
Generally, estimates should not include burden hours for customary and usual
business practices.



If this request for approval covers more than one form, provide separate hour
burden estimates for each form and aggregate the hour burdens.



Provide estimates of annualized cost to respondents for the hour burdens for
collections of information, identifying and using appropriate wage rate
categories. The cost of contracting out or paying outside parties for information
collection activities should not be included here. Instead, this cost should be
included under ‘Annual Cost to Federal Government’.

The total estimated annual reporting burden for the PCSF complaint form is 250 hours. This
estimate is based on an estimate of 500 potential respondents, one response per respondent, and
.50 hours per response. The hour burden estimate is based upon consultation with a sample of
potential respondents.

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13. Provide an estimate for the total annual cost burden to respondents or record
keepers resulting from the collection of information. (Do not include the cost of any
hour burden already reflected on the burden worksheet).
There are no additional cost burdens to respondents. There are no costs for capital, start-up,
operation, maintenance, or the purchase of services.
14. Provide estimates of annualized costs to the Federal government. Also, provide a
description of the method used to estimate cost, which should include quantification
of hours, operational expenses (such as equipment, overhead, printing, and support
staff), and any other expense that would not have been incurred without this
collection of information. Agencies may also aggregate cost estimates from Items 12,
13, and 14 in a single table.
The estimated annual cost to the Federal government is approximately $10,370. This estimate is
based on an estimated 500 respondents, and .75 hours to collect and process each information
collection at an hourly rate based on Grade 9, Step 1 of the 2019 General Schedule salary table
for the Washington, DC locality pay area.
15. Explain the reasons for any program changes or adjustments reported on the
burden worksheet.
Not applicable. This is a new information collection.
16. For collections of information whose results will be published, outline plans for
tabulation and publication. Address any complex analytical techniques that will be
used. Provide the time schedule for the entire project, including beginning and
ending dates of the collection of information, completion of report, publication
dates, and other actions.
Not applicable. The information collected will not be published.
17. If seeking approval to not display the expiration date for OMB approval of the
information collection, explain the reasons that display would be inappropriate.
Not applicable. The PCSF complaint form will display the expiration date for OMB approval.
18. Explain each exception to the topics of the certification statement identified in
“Certification for Paperwork Reduction Act Submissions.”
Not applicable. The Antitrust Division does not request any exception to the certification in Item
19 of OMB 83-I.

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PART B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL
METHODS
Not applicable. This information collection does not employ statistical methods.

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