Use of Products and Services of Kaspersky Lab; FAR Case 2018-010; FAR Section Affected: 52.204-YY

Forms and Documents

Document Name	Status
2018-010 FinalPRA Emergency Letter.cleanv5.9.18.pdf Supplementary Document	2018-05-30
9000-0197_Supporting Statement.docx Supporting Statement A	2018-06-13

IC Document Collections

IC ID	Document Title	Status
231131	Use of Products and Services of Kaspersky Lab; FAR Case 2018-010; FAR Section Affected: 52.204-YY	New

ICR Details

OMB Control No: 9000-0197	ICR Reference No: 201804-9000-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: FAR	Agency Tracking No:
Title: Use of Products and Services of Kaspersky Lab; FAR Case 2018-010; FAR Section Affected: 52.204-YY
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 06/15/2018
OIRA Conclusion Action: Approved with change	Conclusion Date: 06/18/2018
	Date Received in OIRA: 04/19/2018
Terms of Clearance: This collection is approved based on the revised materials provided by the FAR Council. The collection is only approved for 6 months. Should the FAR Counci want to continue to use this collection for longer than 6 months, it must publish a 60 and 30 notice.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2018	6 Months From Approved
Responses	24,410	0	0
Time Burden (Hours)	36,615	0	0
Cost Burden (Dollars)	1,940,595	0	0

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Abstract: This information collection supports implementation of Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91). This section prohibits Government use of any hardware, software, or services developed or provided, in whole or in part, by Kaspersky Lab or related entities. This requirement is implemented in the Federal Acquisition Regulation (FAR) through the clause at FAR 52.204-YY, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

Emergency Justfication: Due to FAR Case 2018-010; Use of Products and Services of Kaspersky Lab, Interim rule, a new information collection number is being requested. This rule is being implemented as a national security measure to protect Government information and information systems. There are concerns that unless the rule is moved very quickly, end of fiscal year orders could be placed with Kaspersky. Therefore, it is necessary to assist the acquisition community with complying with the requirement. Although this prohibition does not apply until October 1, 2018, agencies and contractors must begin to take steps immediately to meet this deadline.

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Authorizing Statute(s): PL: Pub.L. 115 - 91 1634 Name of Law: National Defense Authorization Act for Fiscal Year 2018
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
9000-AN64	Final or interim final rulemaking	83 FR 28141	06/15/2018

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Use of Products and Services of Kaspersky Lab; FAR Case 2018-010; FAR Section Affected: 52.204-YY

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ICR Summary of Burden

	Total Approved	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	24,410	0	0	24,410	0	0
Annual Time Burden (Hours)	36,615	0	0	36,615	0	0
Annual Cost Burden (Dollars)	1,940,595	0	0	1,940,595	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: No

Burden Reduction Due to:

Short Statement: This is a new information collection.

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Annual Cost to Federal Government: $3,881,190

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? Uncollected

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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: 04/19/2018

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