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Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Notices
that the record is not accurate, relevant,
timely, or complete. The individual may
submit any documentation that would
be helpful. If the individual believes
that the same record is in more than one
system of records, the request should
state that and be addressed to each
component that maintains a system of
records containing the record.
Individuals who wish to contest the
accuracy of records in this system of
records should submit these requests to
the Privacy Division of the ICE
Information Governance & Privacy
Office. Requests must comply with
verification of identity requirements set
forth in Department of Homeland
Security Privacy Act regulations at 6
CFR 5.21(d). Please specify the nature of
the complaint and provide any
supporting documentation. By mail
(please note substantial delivery delays
exist): ICE Information Governance &
Privacy Office, ATTN: Privacy Division,
500 12th Street SW, Mail Stop 5004,
Washington, DC 20536. By email:
[email protected].
Please contact the Privacy Division
with any questions about submitting a
request at (202) 732–3300 or
[email protected].
NOTIFICATION PROCEDURES:

See ‘‘Record Access Procedures’’
above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:

The Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(j)(2), has
exempted this system from the
following provisions of the Privacy Act:
5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1),
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5),
and (e)(8); (f); and (g). Additionally, the
Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(k)(2), has
exempted this system from the
following provisions of the Privacy Act:
5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G),
and (e)(4)(H); and (f). To the extent a
record contains information from other
exempt systems of records, ICE will rely
on the exemptions claimed for those
systems.

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HISTORY:

DHS/ICE–009 External Investigations,
75 FR 404 (January 5, 2010).
Constantina Kozanas,
Chief Privacy Officer, U.S. Department of
Homeland Security.
[FR Doc. 2020–25619 Filed 11–19–20; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
[Docket Number DHS–2020–0044]

Agency Information Collection
Activities: Post-Award Contract, DHS
Form 700–23, 700–26
Department of Homeland
Security (DHS).
ACTION: 60-Day notice and request for
comments; extension without change of
a currently approved collection, 1600–
0003.
AGENCY:

The Department of Homeland
Security, will submit the following
Information Collection Request (ICR) to
the Office of Management and Budget
(OMB) for review and clearance in
accordance with the Paperwork
Reduction Act of 1995.
DATES: Comments are encouraged and
will be accepted until January 19, 2021.
This process is conducted in accordance
with 5 CFR 1320.1
ADDRESSES: You may submit comments,
identified by docket number Docket #
DHS–2020–0044, at:
Æ Federal rulemaking Portal: http://
www.regulations.gov. Please follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
docket number Docket # DHS–2020–
0044. All comments received will be
posted without change to http://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov.
SUMMARY:

The
Department of Homeland Security
(DHS) collects information, when
necessary, in administering public
contracts for supplies and services. The
information is used to determine
compliance with contract terms placed
in the contract as authorized by the
Federal Property and Administrative
Services Act (41 U.S.C. 251 et seq.), the
Federal Acquisition Regulation (FAR)
(48 CFR Chapter 1), and the Homeland
Security Acquisition Regulation (HSAR)
(48 CFR Chapter 30). Respondents
submit information based on the terms
of the contract; the instructions in the
contract deliverables mandatory
reporting requirements; and
correspondence from acquisition
personnel requesting post-award
contract information. The least active
contracts and the simplest contracts will
have little to no data to report. The most
active and complex contracts, however,
will contain more reporting

SUPPLEMENTARY INFORMATION:

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requirements. DHS believes that some of
this information is already readily
available as part of a company’s
business processes and that the largest
businesses use computers to compile
the data. However, a significant amount
of time is spent correlating information
to specific contract actions and
gathering information for more complex
contract actions.
The prior information collection
request for OMB No. 1600–0003 was
approved through May 31, 2022 by
OMB, and includes the following:
• 3052.204–70 Security
requirements for unclassified
information technology resources.
(Required in all solicitations and
contracts that require submission of an
IT Security Plan.) This clause applies to
all contractor systems connected to a
DHS network and those contracts where
the Contractor must have physical or
electronic access to sensitive
information contained in DHS
unclassified systems. The contractor is
asked to prepare, provide and maintain
an IT Security Plan.
• 3052.204–71 Contractor employee
access. (Required when contractor
employees require recurring access to
Government facilities or access to
sensitive info.) Contractors may be
subject to background investigations
and will have to provide information as
required by the DHS Security Office.
The information requested is in addition
to the information requested through
Standard Form (SF) 86.
• 3052.205–70 Advertisements,
Publicizing Awards, and Releases.
(Required for all contracts exceeding
Simplified Acquisition Threshold.)
Contractors may have to provide copies
of information related to advertisements
and release statements to receive
approval for publication.
• 3052.209–72 Organizational
Conflict of Interest, paragraphs (f) and
(g) (Included in solicitations and
contracts where a potential
organizational conflict of interest exists
and mitigation may be possible.)
Contractors will have to provide
information related to actual or
potential conflicts of interest and a
mitigation plan.
• 3052.209–75 Prohibited Financial
Interests for Lead System Integrators.
(Required in solicitations and contracts
for the acquisition of a major system
when the acquisition strategy envisions
the use of a lead system integrator or
when the contractor will be the lead
system integrator.) Contractors will have
to provide information related to
changes in financial interests.
• 3052.209–76 Prohibition on
Federal Protective Service Guard

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Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Notices

Services Contracts with Business
Concerns Owned, Controlled, or
Operated by an Individual Convicted of
a Felony, paragraph (h). (Section 2 of the
Federal Protective Service Guard
Contracting Reform Act of 2008, Pub. L.
110–356, generally prohibits DHS from
entering into a contract for guard
services under the Federal Protective
Service (FPS) guard services program
with any business concern owned,
controlled, or operated by an individual
convicted of a serious felony.) The
notification required by paragraph (h)
applies to any contractual instrument
that may result in the issuance of task
orders. Contractors will have to provide
information on any felony conviction of
personnel who own, control or operate
a business during the performance a
contract.
• 3052.215–70 Key personnel or
facilities. (Required in solicitations and
contracts when the selection for award
is substantially based on the offeror’s
possession of special capabilities
regarding personnel or facilities.)
Contractors will have to provide notice
of and documentation related to changes
in key personnel for evaluation,
including, resumes; description of the
duties the replacement will assume;
description of any change in duties and
confirmation that such change will not
negatively impact contract performance.
• 3052.216–71 Determination of
Award Fee. (Required in solicitations
and contracts that include an award
fee.) Contractor may submit a
performance self-evaluation for each
evaluation period.
• 3052.217–91 Performance (USCG).
(Required in sealed bid fixed-price
solicitations and contracts for vessel
repair, alteration, or conversion which
are to be performed within the United
States, its possessions, or Puerto Rico.
Also required in negotiated solicitations
and contracts to be performed outside
the United States.) Contractor must
request prior approval to conduct dock
and sea trials.
• 3052.217–92 Inspection and
Manner of Doing Work (USCG).
(Required in sealed bid fixed-price
solicitations and contracts for vessel
repair, alteration, or conversion which
are to be performed within the United
States, its possessions, or Puerto Rico.
Also required in negotiated solicitations
and contracts to be performed outside
the United States.) Contractor must
maintain complete records of all
inspection work and shall make them
available to the Government during
performance of the contract and for 90
days after the completion of all work
required.

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• 3052.217–95 Liability and
Insurance (USCG). (Required in sealed
bid fixed-price solicitations and
contracts for vessel repair, alteration, or
conversion which are to be performed
within the United States, its
possessions, or Puerto Rico. Also
required in negotiated solicitations and
contracts to be performed outside the
United States.) Contractor shall provide
evidence of the insurance and give the
Contracting Officer written notice after
the occurrence of a loss or damage for
which the Government has assumed the
risk. If any loss or damage will result in
a claim against the Government, the
contractor shall provide notice.
• 3052.219–70 Small Business
subcontracting plan reporting.
(Generally included in solicitations and
contracts that offer subcontracting
possibilities and are expected to exceed
$700,000) Contractors must use
Electronic Subcontracting Reporting
System (eSRS) to submit subcontracting
reporting data.
• 3052.219–71 DHS Mentor-Prote´ge´
Program. (Included in solicitations
where subcontracting plans are
anticipated) The amount of credit given
to a contractor mentor firm for prote´ge´
developmental assistance costs must be
calculated on a dollar for dollar basis
and reported in the Summary
Subcontract Report via the Electronic
Subcontracting Reporting System (eSRS)
at www.esrs.gov.
• 3052.222–70 Strikes or Picketing
Affecting Timely Completion of the
Contract Work. (Generally included in
solicitations and contracts) Contractor
must take all reasonable and appropriate
action to end a strike or picketing. Delay
caused by a strike or by picketing which
constitutes an unfair labor practice is
not excusable unless the Contractor
takes all reasonable and appropriate
action to end such a strike or picketing,
such as the filing of a charge with the
National Labor Relations Board, the use
of other available Government
procedures, and the use of private
boards or organizations for the
settlement of disputes. The contractor
may be required to submit information
to the contracting officer.
• 3052.222–71 Strikes or Picketing
Affecting Access to a DHS Facility.
(Generally included in solicitations and
contracts) Contractor is responsible if
strike or picketing is directed at the
Contractor and impedes access by any
person to a DHS facility. Contractor
must take all reasonable and appropriate
action to end a strike or picketing. The
contractor may be required to submit
information to the contracting officer.
• 3052.223–70 Removal or disposal
of hazardous substances—applicable

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licenses and permits. (Required in
solicitations and contracts involving the
removal or disposal of hazardous waste
material) Contractors will have to
provide evidence of licenses and
permits to perform hazardous substance
removal.
• 3052.223–90 Accident and Fire
Reporting (USCG). (Included in
solicitations and contracts involving the
removal of hazardous waste material)
Contractor must report incidents
involving fire or accidents at a worksite.
Contractors may provide this
information using a state, private
insurance carrier, or Contractor accident
report form.
• 3052.228–91 Loss of or Damage to
Leased Aircraft (USCG). (Included in
any contract for the lease of an aircraft)
In the event of loss of or damage to an
aircraft, the Government shall be
subrogated to all rights of recovery by
the Contractor against third parties for
such loss or damage and the Contractor
must promptly assign such rights in
writing to the Government.
• 3052.228–93 Risk and Indemnities
(USCG). (Included in any contract for
the lease of an aircraft) Requires the
contractor to provide the Government
with evidence of insurance.
• 3052.235.70 Dissemination of
Information-Educational Institutions.
(Included in contracts with educational
institutions for research that are not
sensitive or classified) Contractors must
provide advanced electronic copies of
articles to the Government covering the
results of research it plans to publish.
The purpose of this collection
revision is to add, for purposes of
entering into other transaction
agreements pursuant to 6 U.S.C. 391, 6
U.S.C. 596(1), and 49 U.S.C. 106(l)(6),
Form 700–26, Other Transaction
Agreement, and Form 700–23, Other
Transaction Agreement Modification.
On the forms, respondents submit an
Employer Identification Number, as
well as the business’ name, address and
title. Respondents must also identify the
authorized business representative’s
personal name, and must include a
signature.
The information requested is used by
the Government’s contracting officers
and other acquisition personnel,
including technical and legal staff, for
various reasons such as (1) determining
the suitability of contractor personnel
accessing DHS facilities; (2) to ensure no
organizational conflicts of interest exist
during the performance of contracts; (3)
to ensure the contractor maintains
applicable licenses and permits for the
removal and disposal of hazardous
materials; and (4) to otherwise ensure
firms are performing in the

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Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Notices
Government’s best interest. Failure to
collect this information would adversely
affect the quality of products and
services DHS receives from contractors.
Many sources of the requested
information use automated word
processing systems, databases,
spreadsheets, project management and
other commercial software to facilitate
preparation of material to be submitted.
With Government-wide implementation
of e-Government initiatives, it is
commonplace within many of DHS’s
Components for submissions to be
electronic.
Information collection may or may
not involve small business contractors,
depending on the particular transaction.
The burden applied to small businesses
is the minimum consistent with the
objective of ensuring contract
compliance and protecting the interest
of the Government.
Less frequent incidence of collecting
such information as resumes indicating
the level of contractor expertise, permits
and licenses, and inspection reports will
negatively affect the quality of products
and services DHS receives from
contractors. Potentially, contractors
could perform on contracts without
sufficient experience and expertise and
could perform contracts with outdated
licenses and negative inspection reports,
placing the Department’s operations in
jeopardy. Additionally, less frequent
collection of information related to
organizational conflicts of interest
inhibit DHS from determining the
existence of true conflicts of interest
during the performance of contracts.
Failure to collect this information
would adversely affect the quality of
products and services DHS receives
from contractors. For example,
potentially, contractors who are lead
system integrators could acquire direct
financial interests in major systems the
contractors are contracted to procure,
which would compromise the integrity
of acquisitions for the Department. In
addition, contractors who own, control
or operate a business providing
protective guard services could possess
felony convictions during the
performance of contracts, putting the
Department at risk. Furthermore,
contractors could change key personnel
during the performance of contracts and
use less experienced or less qualified
personnel to reduce costs, which would
adversely affect DHS’s fulfillment of its
mission requirements.
Disclosure/non-disclosure of
information is handled in accordance
with the Freedom of Information Act,
other disclosure statutes, and Federal
and agency acquisition regulations.

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The burden estimates provided above
are based upon definitive contract
award data reported by DHS and its
Components to the Federal Procurement
Data System (FPDS) for FY 2019. No
program changes occurred; however, the
burden was adjusted to reflect a
decrease in the number of respondents
within DHS for FY 2019 in the amount
of 6,612, as well as a decrease in the
average hourly wage rate.
The Office of Management and Budget
is particularly interested in comments
which:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
Analysis
Agency: Department of Homeland
Security (DHS).
Title: Post-Award Contract.
OMB Number: 1600–0003.
Frequency: On occasion.
Affected Public: Private Sector.
Number of Respondents: 6015.
Estimated Time per Respondent: 4.5.
Total Burden Hours: 90,812.
Robert Dorr,
Acting Executive Director, Business
Management Directorate.
[FR Doc. 2020–25621 Filed 11–19–20; 8:45 am]
BILLING CODE 9112–FL–P

[Docket No. FR–7027–N–20]

60-Day Notice of Proposed Information
Collection: Housing Counseling
Program—Application for Approval as
a Housing Counseling Agency OMB
Control No.: 2502–0573
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner,

AGENCY:

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HUD.
ACTION:

Notice.

HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 60 days of public
comment.

SUMMARY:

DATES:

Comments Due Date: January 19,

2021.
Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Room 4176, Washington, DC
20410–5000; telephone 202–402–3400
(this is not a toll-free number) or email
at [email protected] for a copy of
the proposed forms or other available
information. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Washington, DC 20410; email
Colette Pollard at Colette.Pollard@
hud.gov or telephone 202402–3400.
This is not a toll-free number. Persons
with hearing or speech impairments
may access this number through TTY by
calling the toll-free Federal Relay
Service at (800) 8778339.
Copies of available documents
submitted to OMB may be obtained
from Ms. Pollard. SUPPLEMENTARY
INFORMATION: This notice informs
the public that HUD is seeking approval
from OMB for the information collection
described in Section A.
ADDRESSES:

A. Overview of Information Collection

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT

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Title of Information Collection:
Housing Counseling Program—
Application for Approval as a Housing
Counseling Agency.
OMB Approval Number: 2502–0573.
OMB Expiration Date: 01/31/2021.
Type of Request: Revision of a
currently approved collection.
Form Number: Form HUD–9900,
Application for Approval as a Housing
Counseling Agency; HUD–9900A,
Screening for Ineligible Participants.
Description of the need for the
information and proposed use: The

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