Defense Federal Acquisition Regulation Supplement Part 270, Defense Contracting Programs—Pilot Program to Incentivize Contracting with Employee-Owned Businesses, and Related Clause

Forms and Documents

Document Name	Status
2024-D004 (p) Supp Statement 2024-09-04.docx Supporting Statement A	2024-09-04

IC Document Collections

IC ID	Document Title	Status
270002	Pilot Program to Incentivize Contracting with Employee-Owned Businesses Other-Contract Clause	New

ICR Details

OMB Control No:	ICR Reference No: 202408-0750-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOD/DARC	Agency Tracking No: 2024-D004
Title: Defense Federal Acquisition Regulation Supplement Part 270, Defense Contracting Programs—Pilot Program to Incentivize Contracting with Employee-Owned Businesses, and Related Clause
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/05/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	16	0
Time Burden (Hours)	16	0
Cost Burden (Dollars)	1,232	0

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Abstract: This information collection is required by section 874 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022 (Pub. L. 117-81; 10 U.S.C. 3204 note), as amended by section 872 of the NDAA for FY 2024 (Pub. L. 118-31; 10 U.S.C. 3204 note). Sections 874 and 872 authorize the Secretary of Defense to establish a pilot program permitting other than competitive procedures for certain contract awards to qualified contractors wholly owned through employee stock ownership plans. Paragraph (d) of section 874 requires the Secretary of Defense to collect and analyze data to share best practices and overall outcomes with leadership and congressional defense committees.

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Authorizing Statute(s): PL: Pub.L. 118 - 31 872 Name of Law: National Defense Authorization Act for Fiscal Year 2024
   PL: Pub.L. 117 - 81 874 Name of Law: National Defense Authorization Act for Fiscal Year 2022
  

Citations for New Statutory Requirements: US Code: 10 USC 3204 Name of Law: Use of procedures other than competitive procedures
PL: Pub.L. 117 - 81 872 Name of Law: National Defense Authorization Act for Fiscal Year 2022

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0750-AM01	Proposed rulemaking	89 FR 46831	05/30/2024

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 46831	05/30/2024
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Pilot Program to Incentivize Contracting with Employee-Owned Businesses

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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	16	0	16	0	0	0
Annual Time Burden (Hours)	16	0	16	0	0	0
Annual Cost Burden (Dollars)	1,232	0	1,232	0	0	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: This is a new collection with a new associated burden due to a new statute.

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Annual Cost to Federal Government: $1,232

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: 09/05/2024

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