30 Day FRN

2021-11067.pdf

Post-Contract Award Information

30 Day FRN

OMB: 1600-0003

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Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Notices

percent ad valorem under subheading
1604.14.30, HTSUS.
Dated: May 21, 2021.
John P. Leonard,
Acting Executive Assistant Commissioner,
Office of Trade.
[FR Doc. 2021–11164 Filed 5–25–21; 8:45 am]
BILLING CODE 9111–14–P

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: 30-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. DHS previously
published this information collection
request (ICR) in the Federal Register on
Friday, November 20, 2020 for a 60-day
public comment period. No comment
was received by DHS. The purpose of
this notice is to allow additional 30days for public comments.
DATES: Comments are encouraged and
will be accepted until June 25, 2021.
This process is conducted in accordance
with 5 CFR 1320.1.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
SUPPLEMENTARY INFORMATION: 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
SUMMARY:

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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
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

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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 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. Law 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

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Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Notices
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.
• 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

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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
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

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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
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

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Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Notices

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.
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. 2021–11067 Filed 5–25–21; 8:45 am]
BILLING CODE 9112–FL–P

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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[212A2100DD/AAKC001030/
A0A501010.999900; OMB Control Number
1076–0182]

Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Sovereignty in Indian
Education Grant Program
Bureau of Indian Affairs,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, we,
the Bureau of Indian Education (BIE) are
proposing to renew an information
collection.
DATES: Interested persons are invited to
submit comments on or before June 25,
2021.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under Review—Open for
Public Comments’’ or by using the
search function. Please provide a copy
of your comments to: Spike Bighorn,
Program Manager, Office of Sovereignty
in Indian Education (SIE), Bureau of
Indian Education, 200 NW 4th Street,
Suite 4049, Oklahoma City, OK 73102 or
by email to [email protected].
Please reference OMB Control Number
1076–0182 in the subject line of your
comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Spike Bighorn by email
at [email protected], or by
telephone at (202) 499–0482. You may
also view the ICR at http://
www.reginfo.gov/public/do/PRAMain.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995, we provide the
general public and other Federal
agencies with an opportunity to
comment on new, proposed, revised,
and continuing collections of
information. This helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand our information
collection requirements and provide the
requested data in the desired format.
A Federal Register notice with a 60day public comment period soliciting
SUMMARY:

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comments on this collection of
information was published March 12,
2021 (86 FR 14152). No comments were
received.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we are again soliciting
comments on the proposed ICR that is
described below. We are especially
interested in public comment
addressing the following issues: (1)
Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) the accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) ways to enhance the quality, utility,
and clarity of the information to be
collected; and (4) how might BIA
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 submission of response.
Comments that you submit in
response to this notice are a matter of
public record. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Abstract: Indian Tribes and Tribal
Organizations may submit proposals to
support their efforts to take control and
operate BIE-funded schools located on
the Tribe’s reservation. Each proposal
must include a project narrative, a
budget narrative, a work plan outline,
and a Project Director to manage the
execution of the grant. The Project
Directors will participate in monthly
collaboration meetings, submit quarterly
budget updates, ensure an annual report
is submitted at the end of each project
year, and ultimately ensure that the
tribal education agency fulfills the
obligations of the grant.
Title of Collection: Sovereignty in
Indian Education Grant Program.
OMB Control Number: 1076–0182.
Form Number: None.
Type of Review: Extension of a
currently approved collection.

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