0057

SUPPORTING STATEMENT
U.S. Department of Commerce
Bureau of Industry and Security
Requests for Special Priorities Assistance
Defense Production Act of 1950, as amended
OMB Control No.0694-0057

A. Justification
1. Explain the circumstances that make the collection of information necessary.
This information is necessary in support of the President's priorities and allocations
authority under the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061,
et seq.), and additional priorities authorities under the Selective Service Act of 1948 (50
U.S.C. App. 468), as implemented by the Defense Priorities and Allocations System
(DPAS) regulation (15 CFR 700). The purpose of this authority is to ensure the timely
delivery of goods and services to meet current national defense and emergency
preparedness program requirements, including critical infrastructure protection and
restoration. It may also be used to support civil emergency preparedness (e.g., Homeland
Security) under Section 602 of the Robert T. Stafford Disaster Relief and emergency
Assistance Act (42 U.S.C. 5195). Contractors may request Special Priorities Assistance
(SPA) when placing defense rated orders with suppliers, to obtain timely delivery of
products, materials or services from suppliers, or for any other reason under the DPAS, in
support of approved national programs. Form BIS-999 is used to apply for such
assistance.

2. Explain how, by whom, how frequently, and for what purpose the information will be
used. If the information collected will be disseminated to the public or used to support
information that will be disseminated to the public, then explain how the collection
complies with all applicable Information Quality Guidelines.
The information is used by the Department of Defense and its associated agencies, the
Department of Energy (DOE), the General Services Administration (GSA), the
Department of Homeland Security (DHS), the Office of Strategic Industries and
Economic Security (SIES), Bureau of Industry and Security, Department of Commerce,
to provide Special Priorities Assistance (SPA).
Although the DPAS is designed to be largely self-executing, problems do occur from
time-to-time. Such problems include assistance in obtaining timely deliveries of items
needed to satisfy defense requirements, locating a supplier, resolving production or
delivery conflicts between multiple defense rated orders, verifying the urgency and
determining the validity of rated orders, or authorizing the use of the DPAS authority on
contracts or purchase orders to obtain items not automatically included under the DPAS.

SPA can be provided for any reason in support of the DPAS.
Use of form BIS-999 serves to structure the information concerning DPAS problems so
that it can be presented in writing to appropriate defense agency and SIES officials for
assistance and resolution. Each item of information requested is needed to enable these
officials to take appropriate action to resolve DPAS problems on a case-by-case basis.
The information requested includes identification of the sponsoring government agency,
government program or end-product, the involved parties (customer, supplier, etc.),
purchase order information, description of the items required, use of the items, current
shipment schedule, and description of problem and urgency of requirement.

The Section 515 Information Quality Guidelines apply to this information collection and
comply with all applicable information quality guidelines, i.e., OMB, Department of
Commerce, and specific operating unit guidelines.

3. Describe whether, and to what extent, the collection of information involves the use of
automated, electronic, mechanical, or other technological techniques or other forms of
information technology.
The use of automated systems for recordkeeping and data retrieval by many business
entities facilitates the generation of necessary information. Form BIS-999 is currently
available via the Internet from the BIS web site (DPAS home page) and can also be
downloaded as a pdf file, filled out, and transmitted electronically as an attachment to an
e-mail. In addition, the U.S. Air Force, on behalf of the Departments of Defense and
Commerce, has created a fully automated SPA process, including the preparation,
processing, and tracking of requests for assistance by Government personnel.

4. Describe efforts to identify duplication.
The contractor applicants are the only known source of this information. There is no
similar information available.

5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
All business entities keep records of their transactions and most of them, both large and
small, have integrated defense rated order recordkeeping built into their general
recordkeeping systems. The information required to be provided on Form BIS-999 is
readily available to the applicant from these records. Therefore, the additional burden on
a smaller entity is minimal, and the overall burden is further minimized by computerized
recordkeeping.
6. Describe the consequences to the Federal program or policy activities if the collection is

not conducted or is conducted less frequently.
A request for SPA is made only when such assistance is needed. SPA enables DOD,
DOE, GSA, DHS, and SIES to properly implement delegated responsibilities under the
Defense Production Act, the Selective Service Act, and the DPAS in support of approved
national defense, energy, and emergency preparedness programs, including critical
infrastructure protection and restoration.

7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
There are no special circumstances that require the information collection to be
conducted in a manner inconsistent with the guidelines in 5 CFR 1320.6.

8. Provide a copy of the PRA Federal Register notice that solicited public comments on the
information collection prior to this submission. Summarize the public comments received
in response to that notice and describe the actions taken by the agency in response to those
comments. Describe the 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.
The notice requesting public comment was published in the Federal Register on Sept 18,
2006, Vol. 71 No. 180, pp. 54613-54614. No comments were received.

9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
There is no plan to provide any payment or gift to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
Confidentiality of the information collected is safe- guarded under Section 705(d) of the
Defense Production Act of 1950, as amended (50 U.S.C. App. 2155). Criminal fines and
imprisonment exist for the unlawful disclosure of this information.

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.

There are no questions of a sensitive nature.

12. Provide an estimate in hours of the burden of the collection of information.
The total annual public burden is estimated to be 600 hours. This is based on 30 minutes
of burden for each of 1,200 annual responses.

13. Provide an estimate of the total annual cost burden to the respondents or recordkeepers resulting from the collection (excluding the value of the burden
hours in #12 above).
The information reported on Form BIS-999 is used by the applicant in the conduct of its
own operations. These information activities are totally integrated into the operating and
overhead expenses of most respondents which generally use automated systems for
recordkeeping and information retrieval, minimizing the involvement of higher paid
executive personnel. Accordingly, it is estimated that the average annual cost to each
respondent to prepare the form is $17.50 for 30 minutes per year of both management and
clerical time (15 minutes of management time at $32 per hour, plus 15 minutes of clerical
time at $10.00 per hour, plus $.50 for 30 minutes of administrative expense, plus $6.50
for 30 minutes of overhead expense). Assuming 1200 respondents per year, the total
annual cost to all respondents is $21,000 ($17.50 x 1,200 responses). This estimate
assumes that no applicant will file more than one Form BIS-999 per year. Form BIS-999
is prepared only when SPA is needed by a defense agency or a defense contractor. There
is no way to estimate the average number of times a respondent will request SPA.
However, with access to the automated SPA process described below, it is anticipated
that these costs will be substantially reduced. No meaningful estimate of this anticipated
reduction in burden is available at this time.

14. Provide estimates of annualized cost to the Federal government.
The annual cost of this survey to the Federal Government is difficult to estimate with any
certainty. While the prorated salaries and overhead of SIES=s personnel engaged in SPA
activities and the costs of printing and distributing the forms are known, the total number
of government personnel engaged in SPA work, their salaries, the time spent by these
persons doing this work, and the amount of prorated overhead expense at the various
agencies to which requests for SPA are submitted, are unknown. However, certain
assumptions can be made based on SIES's knowledge of how SPA requests are handled
by these agencies. If an estimated number of agency man-years is multiplied by the
average annual cost to the government (including overhead) of a professional level
federal employee that would ordinarily handle an SPA request, that number ($400,000),
plus SIES=s personnel, administrative, and overhead costs attributable to SPA activities
($100,000), suggests a total annual cost to the Federal Government of $500,000. Modest
printing and distribution cost savings are attributable to the BIS-999 form being publicly

and electronically available from the BIS/DPAS web site, enabling respondents to
download the form, prepare it, and transmit a completed form as an e-mail attachment.

15. Explain the reasons for any program changes or adjustments reported in Items 13 or
14 of the OMB 83-I.
Not applicable. There has been no change to the estimated annual burden hours.

16. For collections whose results will be published, outline the plans for tabulation and
publication.
The information is considered business proprietary and is not to be published.

17. If seeking approval to not display the expiration date for OMB approval of the
information collection, explain the reasons why display would be inappropriate.
Displaying the expiration date of the OMB approval of this collection of information on
the form BIS-999 would be inappropriate. The form is also available electronically from
our website, and various DOD websites. Any inconsistency of the form=s format could
only serve to unnecessarily confuse and delay the public in its use. Applicants do not
anticipate a form revision from BIS for many years.

18. Explain each exception to the certification statement identified in Item 19 of the
OMB 83-I.
Not applicable.
B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
Not applicable.