Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment -- FAR sections affected: 52.204-26; 52.204-24; and 52.204-25

Forms and Documents

Document Name	Status
9000-0199 PRA Supporting Statement 889 ICs.docx Supporting Statement A	2023-10-11

IC Document Collections

IC ID	Document Title	Status
238314	Covered Telecommunications Equipment or Services-Representation	Modified
237187	Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment	Modified
237186	Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment	Modified

ICR Details

OMB Control No: 9000-0199	ICR Reference No: 202310-9000-001
Status: Received in OIRA	Previous ICR Reference No: 202009-9000-002
Agency/Subagency: FAR	Agency Tracking No:
Title: Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment -- FAR sections affected: 52.204-26; 52.204-24; and 52.204-25
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/11/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	11/30/2023
Responses	905,213	841,038
Time Burden (Hours)	1,839,573	112,309
Cost Burden (Dollars)	145,326,267	5,952,367

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Abstract: Listed in the order in which offerors and contractors provide the information, this clearance covers the information that offerors and contractors must submit to comply with the following FAR requirements meant to implement subparagraphs (a)(1)(A) and (a)(1)(B) of Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232): ● FAR 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision requires offerors to: ○ Review the list of excluded parties in SAM for entities excluded from receiving Federal awards for “covered telecommunications equipment or services”. ○ Represent whether it does or does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. ○ Represents whether it does, or does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. ●FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. This provision requires offerors to respond only if the offeror represented that it “does provide or use covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in paragraphs (c)(1) or (c)(2) of the FAR provision at 52.204-26, or in paragraphs (v)(2)(i) or (ii) of the FAR provision at 52.212-3. ● FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. In the event a contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or a contractor is notified of such by a subcontractor at any tier or by any other source, this clause requires contractors to: ○ Report the information in paragraph 52.204-25(d)(2) to the contracting officer, unless the contract has established other procedures for reporting the information; in the case of DoD, the contractor shall report to the website at https://dibnet.dod.mil. ○ For indefinite delivery contracts, the contractor shall report to the contracting officer for the indefinite delivery contract and the contracting officer(s) for any affected order or, in the case of DoD, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. ○ Report the following within one business day from the date of such identification or notification: ■ The contract number; ■ The order number(s), if applicable; ■ Supplier name; ■ Supplier unique entity identifier (if known); ■ Supplier CAGE code (if known); ■ Brand; ■ Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); ■ Item description; ■ And any readily available information about mitigation actions undertaken or recommended. ○ Report the following within 10 business days of submitting the information in paragraph(d)(2)(i) of this clause: ■ Any further available information about mitigation actions undertaken or recommended. ■ Describe efforts undertaken to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

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Authorizing Statute(s): PL: Pub.L. 115 - 232 889 Name of Law: National Defense Authorization Act for Fiscal Year 2019
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 42367	06/30/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 60943	09/06/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Covered Telecommunications Equipment or Services-Representation
Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

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ICR Summary of Burden

	Total Request	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	905,213	841,038	0	64,175	0	0
Annual Time Burden (Hours)	1,839,573	112,309	0	1,727,264	0	0
Annual Cost Burden (Dollars)	145,326,267	5,952,367	0	139,373,900	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: Yes

Burden Reduction Due to: Cutting Redundancy

Short Statement: This extension of OMB Control No. 9000-0199 is combined with the previously approved information collections under OMB Control No. 9000-0201. Upon approval of this consolidated information collection, OMB Control No. 9000-0201 will be discontinued because the burden has been accounted for in this extension. This extension includes adjustments to the public and Government burden estimates based on the following: ● The law is working as intended and the supply chain is coming into compliance. ● The estimate uses the latest available data from SAM. ● The estimated number of respondents and responses per year is based on the historical average of FPDS data for the three most recent fiscal years (2020 through 2022). ● The estimated cost per hour is based on use of the calendar year 2023 OPM GS wage rate for the rest of the United States. ● The burden that was previously calculated for the Government Waiver process at FAR 52.204-25 is no longer included in OMB Control No. 9000-0199 because the waiver period was not extended beyond August 13, 2021 for the prohibition at FAR 4.2102(a)(1), or beyond August 13, 2022 for the prohibition at FAR 4.2102(a)(2).

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Annual Cost to Federal Government: $123,251,391

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? No

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Common Form ICR:  No

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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: 10/11/2023

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