Defense Federal Acquisition Regulation Supplement (DFARS) Part 204, Covered Defense Telecommunications Equipment or Services

Forms and Documents

Document Name	Status
2018-D022 (i) Emeregency FRN 84 FR 69362.pdf Supplementary Document	2019-12-18
2018-D022 (i) Supporting Statement OIRA.docx Supporting Statement A	2019-10-30

IC Document Collections

IC ID	Document Title	Status
238324	252.204-7018 Reporting	New
238323	252.204-7017 Disclosure	New
238322	252.204-7017 Offer-by-offer representation	New
238321	252.204-7016 Annual Representation	New

ICR Details

OMB Control No: 0750-0002	ICR Reference No: 201910-0750-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOD/DARC	Agency Tracking No: 2018-D022
Title: Defense Federal Acquisition Regulation Supplement (DFARS) Part 204, Covered Defense Telecommunications Equipment or Services
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: 12/19/2019
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/19/2019
	Date Received in OIRA: 10/30/2019
Terms of Clearance: This collection is approved for six months only. Should DOD need to use this collection longer, DOD must publish both a 60 and 30 day notice in the Federal Register to solicit public comment.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2020	6 Months From Approved
Responses	432,939	0	0
Time Burden (Hours)	97,359	0	0
Cost Burden (Dollars)	5,373,218	0	0

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Abstract: These information collection requirements implement section 1656 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L. 115-91). Section 1656 prohibits DoD from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out the DoD nuclear deterrence or homeland defense missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as a critical technology as a part of any system. To ensure DoD does not violate the prohibition, DoD is requiring offerors to represent annually that they do not provide covered defense telecommunications equipment or services to the Government. If they provide an affirmative representation, then they must represent offer-by-offer whether covered defense telecommunications equipment or services are a part of their offer and, if so, to disclose information about the products or services. DoD is also requiring contractors to report if covered defense telecommunications equipment or services are discovered during performance of the contract.

Emergency Justfication: These information collection requirements implement section 1656 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L. 115-91). Section 1656 prohibits DoD from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out the DoD nuclear deterrence or homeland defense missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as a critical technology as a part of any system. Implementation of this prohibition is urgent, because DoD must be able to rely on the integrity and security of equipment that is critical to the DoD nuclear deterrence mission of DoD or the homeland defense mission. DoD’s highest priority missions (to include nuclear command, control, and communications, continuity of Government; and ballistic missile defense) must be executed with complete confidence on the security, reliability, and resiliency to operate in a cyber-contested environment. DoD must take immediate action to eliminate vulnerabilities in the supply chain that would undermine the security of our nation. Without these information collections, there is no way for DoD contracting officers to ensure they are not purchasing and using covered telecommunications products and services from China and Russia. This will create an opportunity for Chinese and Russian interference with DoD telecommunications, which could jeopardize our military communications, the lives of our warfighters, and our national security.

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Authorizing Statute(s): PL: Pub.L. 115 - 91 1656 Name of Law: NDAA for FY 2018
  

Citations for New Statutory Requirements: PL: Pub.L. 115 - 91 1656 Name of Law: National Defense Authorization Act for Fiscal Year 2018

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0750-AJ84	Final or interim final rulemaking	84 FR 69362	12/17/2019

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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: 4

IC Title	Form No.	Form Name
252.204-7016 Annual Representation
252.204-7017 Disclosure
252.204-7017 Offer-by-offer representation
252.204-7018 Reporting

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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	432,939	0	0	432,939	0	0
Annual Time Burden (Hours)	97,359	0	0	97,359	0	0
Annual Cost Burden (Dollars)	5,373,218	0	0	5,373,218	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: These information collection requirements implement section 1656 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L. 115-91). Section 1656 prohibits DoD from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out the DoD nuclear deterrence or homeland defense missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as a critical technology as a part of any system. These new information collections are necessary to implement the prohibition.

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Annual Cost to Federal Government: $5,556,587

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: 10/30/2019

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