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

Forms and Documents

Document Name	Status
0750-0002 Supporting Statement 2023-08-30.docx Supporting Statement A	2023-08-30
30 day 20200629.pdf Supplementary Document	2020-06-30
2018-D022 Interim Rule 20191231.pdf Supplementary Document	2020-06-30
2018-D022 (i) Emeregency FRN 84 FR 69362.pdf Supplementary Document	2019-12-18

IC Document Collections

IC ID	Document Title	Status
238324	252.204-7018 Reporting	Modified
238323	252.204-7017 Disclosure	Modified
238322	252.204-7017 Offer-by-offer representation Other-Contract Clauses	Modified
238321	252.204-7016 Annual Representation	Removed

ICR Details

OMB Control No: 0750-0002	ICR Reference No: 202308-0750-001
Status: Received in OIRA	Previous ICR Reference No: 202006-0750-001
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: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/30/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	09/30/2023
Responses	172,320	432,939
Time Burden (Hours)	62,085	97,359
Cost Burden (Dollars)	3,805,158	5,373,218

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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.

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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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 32206	05/19/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 59879	08/30/2023
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
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 Request	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	172,320	432,939	0	0	-260,619	0
Annual Time Burden (Hours)	62,085	97,359	0	0	-35,274	0
Annual Cost Burden (Dollars)	3,805,158	5,373,218	0	0	-1,568,060	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: Although the labor rates have increased, the burden associated with DFARS provision 252.204-7016, Covered Defense Telecommunications Equipment or Services—Representation, was removed from this information collection as it is already being covered by the information collection approved under OMB Control Number 9000-0189. In addition, the number of awarded contracts for FY 2020 through FY 2022 has decreased, which reduced the number of annual respondents and total hours estimated for the representation and disclosure under the DFARS solicitation provision at 252.204-7017, Prohibition on Acquisition of Covered Defense Telecommunications Equipment or Services—Representation, and the number of annual respondents and total hours estimated for the report under the DFARS contract clause at 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

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Annual Cost to Federal Government: $3,963,747

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? No

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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: 08/30/2023

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