Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

Forms and Documents

Document Name	Status
9000-0199_Supporting Statement (2i).docx Supporting Statement A	2019-11-18

IC Document Collections

IC ID	Document Title	Status
238314	52.204-26 Representation	New
237187	52.204-25 Clause	Modified
237186	52.204-24 Representation	Modified

ICR Details

OMB Control No: 9000-0199	ICR Reference No: 201912-9000-004
Status: Historical Active	Previous ICR Reference No: 201910-9000-011
Agency/Subagency: FAR	Agency Tracking No:
Title: Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/13/2019
	Date Received in OIRA: 12/13/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2020	36 Months From Approved	04/30/2020
Responses	841,038	0	7,879,703
Time Burden (Hours)	112,309	0	856,979
Cost Burden (Dollars)	5,952,367	0	45,420,065

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Abstract: This information collection supports implementation of subparagraph (a)(1)(A) of Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232). This section prohibits the head of an executive agency from procuring, obtaining, extending or renewing a contract to procure or obtain any equipment, system, or service that uses covered telecommunication equipment or services as a substantial or essential component of any system, or as a critical technology as part of any system, unless an exception applies or a waiver has been granted. This requirement is implemented in the Federal Acquisition Regulation (FAR) through the provision at FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment, and the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation and the clause at FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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Authorizing Statute(s): PL: Pub.L. 115 - 232 889 Name of Law: National Defense Authorization Act for Fiscal Year 2019
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
9000-AN83	Final or interim final rulemaking	84 FR 68314	12/13/2019

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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: 3

IC Title	Form No.	Form Name
52.204-24 Representation
52.204-25 Clause
52.204-26 Representation

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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	841,038	7,879,703	0	-7,038,665	0	0
Annual Time Burden (Hours)	112,309	856,979	0	-744,670	0	0
Annual Cost Burden (Dollars)	5,952,367	45,420,065	0	-39,467,698	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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The information collection is revised to add the burden associated with the requirement for entities in SAM to represent to the new provision FAR 52.204-26. The added burden of FAR 52.204-26 is offset by a significant reduction in the burden of provision 52.204-24. Previously FAR 52.204-24 was required to be completed by all offerors for all solicitations, which was a high burden on the public. Changes to the prescription of FAR 52.204-24 limited the number of offerors required to respond to the provision to those that respond “does” to FAR 52.204-26 or 52.212-3(v). The changes to the provisions results in an overall burden reduction in this information collection. The Government burden was also reduced from $38,480,438 to $7,394,298. Related to the reduction in the public burden, contracting officers will have fewer offers that will require review of responses to FAR 52.204-24. The Government burden was also reduced from $38,480,438 to $7,394,298. Related to the reduction in the public burden, contracting officers will have fewer offers that will require review of responses to FAR 52.204-24.

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Annual Cost to Federal Government: $7,394,298

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: 10/29/2019

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