9000-0155 Supporting Statement_2018

Supporting Statement

For Paperwork Reduction Act Submission

9000-0155, PROHIBITION OF ACQUISITION OF PRODUCTS PRODUCED BY FORCED OR INDENTURED CHILD LABOR

A. Justification.

1. Administrative requirements. The contracting officer must include the provision at 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, in all solicitations expected to exceed the micro-purchase threshold for end products (regardless of country of origin) of a type identified by country on the Department of Labor (DoL) List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor. For solicitations for commercial items, the Certification Regarding Knowledge of Child Labor for Listed End Products is at paragraph (i) of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items.

This information collection requirement pertains to the certification that the offeror will not supply an end product on the List from a country identified on the List for that product, or the offeror will supply such product, but certifies that the offeror made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under the contract and is unaware of any such use of child labor.

This requirement is necessary to comply with Executive Order 13126, Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor, signed by President Clinton on June 12, 1999.

2. Uses of information. This information is used by Government contracting officers to ensure that a good faith effort has been made to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product on the List furnished under the contract.

3. Consideration of information technology. We use improved information technology to the maximum extent practicable. Where both the Government agency and contractors are capable of electronic interchange, the contractors may submit this information collection requirement electronically.

4. Efforts to identify duplication. This requirement is being issued under the Federal Acquisition Regulation (FAR) which has been developed to standardize Federal procurement practices and eliminate unnecessary duplication.

5. If the collection of information impacts small businesses or other entities, describe methods used to minimize burden. The collections associated with small businesses are the minimum consistent with applicable DoL regulations and prudent business practices.

6. Describe consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently. This information is collected on occasion, only when an item is acquired on the DoL list. Collecting this information less frequently would render the requirement of the Executive Order unenforceable.

7. Special circumstances for collection. We will not collect the information in a manner that requires an explanation of special circumstances.

8. Efforts to consult with persons outside the agency. A 60-day notice published in the Federal Register at 82 FR 55842 on November 24, 2017. No comments were received. A 30-day notice was published in the Federal Register at 83 FR 5771 on February 9, 2018.

9. Explanation of any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees. Not applicable.

10. Describe assurance of confidentiality provided to respondents. This information is disclosed only to the extent consistent with prudent business practices and current regulations.

11. Additional justification for questions of a sensitive nature. No sensitive questions are involved.

12 & 13. Estimated total annual public hour and burden.

As of October 1, 2017, there are 444,716 active registrants in the System for Award Management (SAM). Those registrants are required to complete the Representations and Certifications section of SAM. Of the 444,716 active registrants in SAM, 1,104 registrants identified their business concern as one that may supply an end product that is on the list of products requiring contractor certification as to forced or indentured child labor. The 1,104 registrants will be used as the basis for the number of respondents. We estimate that of those respondents, only 20 percent are responding to the certification for the first time. For those first-time respondents, it may take an average of 30 minutes to review the instructions and respond to the provisions. However, for the 80 percent of respondents that has responded previously, it should not take more than 6 minutes to check for any change to the Department of Labor List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor and complete the certificate. The estimated cost per response is $8.07.

Initial Update Total

Estimated respondents/yr. 221 883 1104

Annual responses/respondent x 1 x 1 x 1

Total annual responses 221 883 1104

Estimated hrs/response x 0.50 x.1 x .18

Estimated total burden hrs 110 88 198

Cost per hour x $45 x 45 x 45

Estimated cost to public $4,950 $3960 $8,910

**Based on the OPM GS-11/step 5 salary ($32.70/hour) plus 36.25 percent burden, rounded to the nearest dollar, or $45 an hour. The burden rate used is that mandated by OMB memorandum M-08-13 for use in public-private competition, as updated by OMB for the current year. Reference Salary Table 2017-RUS, Effective January 2017, found at www.opm.gov.

14. Estimated cost to the Government.

Total annual responses 1,104

Total hours per response x 0.325

Total burden hours 359

Average wages x $45

Total cost to Government $16,155

The estimated cost of $45.00 per hour is based on GS-11, step 5.

15. Explain reasons for program changes or adjustments reported in Item 13 or 14. The increase of responses from 949 to 1,104 is an adjustment due to the increase in the number of registrant's certification in the System for Award Management (SAM). The decrease in burden hours from 475 to 198 is due to the estimate that 80 percent of the respondents are updating a prior certification, which will take less time than the initial certification.

16. Outline plans for published results of information collections. Results will not be tabulated or published.

17. Approval not to display expiration date. Not applicable.

18. Explanation of exception to certification statement. Not applicable.

B. Collections of Information Employing Statistical Methods. Statistical methods are not used in this information collection.