Supporting Statement

OMB Control Number 0704-0465

Supporting Statement

TAB A

A.

Justification

This is a request for a three-year approval of the
information collection requirement currently approved under
OMB Control Number 0704-0465 for Defense FAR Supplement
Part 237, Service Contracting, and related clause at
252.237.
The approval for 0704-0465 expires on December
31, 2010. A final rule has been developed and is attached
as a part of this submission.
Today's changing threat environment has increased the need
for Continuity of Operations (COOP) capabilities and plans
that enable agencies to continue their essential functions
across a broad spectrum of emergencies. This information
collection requirement implements procedures to provide a
reasonable assurance of the continuation of essential DoD
contractor services that support mission essential
functions during any emergency or situation, which may
disrupt normal operations. These procedures will require
contractors to submit a contingency plan to the contracting
officer describing how they intend to ensure essential
services will continue in a crisis. Due to the nature of
certain contracted functions, this plan is needed for
incorporation into the organization's overall COOP plan as
required by the FEMA Federal Preparedness Circular #65, and
DoDI 1100.22, Policy and Procedures for Determining
Workforce Mix.
It is the policy of the United States to
have in place a comprehensive and effective program to
ensure continuity of essential Federal functions under all
circumstances (FEMA FPC #65) .
An essential contractor service is a service provided by a
firm or individual under contract to the DoD to support
vital systems or operated in support of military missions
or roles and associated support activities considered of
utmost importance to the US mobilization and wartime
mission. These services are essential because: (1) DoD
components may not have military or DoD civilian employees
to perform those services immediately. (2) The
effectiveness of the defense system or operations may be
seriously impaired, and interruption is unacceptable when
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those services are not immediately available. DoD plans to
amend the Defense Federal Acquisition Regulation Supplement
(DFARS) at subpart 237.76, add a related provision at DFARS
252.237-70XX, Notice of Continuation of Essential
Contractor Services, and revise the clause at252.237-7023,
Continuation of Essential Contractor Services, to provide
contract language supporting the continuation of essential
contractor services.
2. The contractor's plan is needed due to the nature of
certain essential contracted functions for incorporation
into a DoD organization's overall COOP plan as required by
the FEMA Federal Preparedness Circular #65, and DoDI
1100.22 in support of the Combatant Commanders' contingency
plan. This requirement communicates the contractor's plan
to ensure they are able to continue to meet their
obligations under the contract in an emergency for mission
critical functions.
The information collection associated
with small businesses is the minimum consistent with
applicable laws, Executive Orders, regulations, and prudent
business practices.
3. We use improved information technology to the maximum
extent practicable. Contractors may submit their
contingency plan in electronic format.
4. As a matter of policy, DoD reviews the Federal
Acquisition Regulation (FAR) and DFARS to determine if
adequate language already exists. This plan implements a
unique provision and does not duplicate any other
requirement.
5. The burden applied to small businesses is the minimum
consistent with applicable laws, Executive orders,
regulations, and prudent business practices.
6. DoD specialists who are most knowledgeable of the
requirements and the need for the information reviewed the
information collection frequency.
The consequence of not
collecting this plan is that Government operations may be
severely impaired during crisis situations. The frequency
for collecting this information is determined by the
frequency of the contractor's requirement to revise their
plan to ensure a continuation of essential contractor
services during crisis situations.
Every attempt has been
made to keep the frequency of collection to a minimum
without jeopardizing the ability of the Government to

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determine how prepared they are to respond to crisis
situations.
7. There are no special circumstances that require the
collection to be conducted in any manner listed in 5 CFR
1320.5 (d) (2).
8. This collection is consistent with the guidelines in 5
CFR 1320.5(d).
Public comments were solicited in the
Federal Register, published at 75 FR 10191 on March 5,
2010, as required by 5 CFR 1320.8(d). No comments were
received regarding this information collection requirement.
9.

No paYment or gift will be provided to respondents.

10. The information collected will be disclosed only to
the extent consistent with prudent business practice,
current regulations, and statutory requirements. No
assurance of confidentiality is provided to respondents.
11.

No sensitive questions are involved.

12. Contracts from 11,882 different contracts were
identified as possibly containing essential contractor
services that support mission essential functions.
Of
those contracts, only a portion of the services being
provided will require a contingency plan (we estimate about
80% or 9,500) to ensure continuation of service. We
further estimate that an average of about 1.25 responses
per respondent, resulting in an estimate of 7,600
respondents.
This should not impose a significant burden
on contractors as they would normally need to have
alternative plans to cover employee sick leave,
mobilization, or strikes as a normal course of good
business.
Providing the plan to the Government allows the
requiring activity responsible for that function to include
the contractor portion of the total force in the
organization's overall COOP plan.
A.
B.
C.
D.
E.

Number of respondents
Responses per respondent
Total annual responses
Hours per response
Total public burden hours

7,600
1. 25
9,500
2

19,000

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F.
G.

Cost per hour1
Total annual estimate of public burden

$30.30
$575,700

13. We do not estimate any burden hours apart from the
hours estimated in items 12 and 14.
14. Annual cost to the Government.
The time estimates are
based on receiving, reviewing, analyzing the information
submitted by the contractor. We estimate that the time
associated with this task is 1 hour per response.

A.
B.
C.
D.
E.
F.
G.

Number of respondents
Responses per respondent
Total Annual responses
Hours per response
Total hours
Cost per hour2
Total amount

7,600
1. 25
9,500
1

9,500
$30.30
$287,850

DoD estimates that it will take the Government one (1) hour
to review the plan and incorporate it into the
organization's COOP.
15. An emergency OMB collection approval was submitted on
November 17, 2009, and approved on December 4, 2009.
The
requirement to submit a contractor contingency plan was
published at 75 FR 10191, on March 5, 2010.
OMB granted an
extension until December 31, 2010, for this collection
requirement.
16. Results of this information will not be tabulated or
published.
17. DoD does not seek approval to not display the
expiration dates for OMB approval of the information
collection.
18. There are no exceptions to the certification
accompanying this Paperwork Reduction Act submission.

I Based on GS-09 step 5 salary ($22.24) plus 36.25 percent burden. This burden rate was derived from the
Office of Personnel Management (updated through transmittal memorandum January 14,2009).
2 Based on GS-09 step 5 salary ($22.24) plus 36.25 percent burden. This burden rate was derived from the
Office of Personnel Management (updated through transmittal memorandum January 14,2009).

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B. Collections of Infor.mation Employing Statistical
Methods: Statistical methods will not be employed.

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