[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Notices]
[Pages 50026-50027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17695]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0201; Docket No. 2020-0053; Sequence No. 6]


Information Collection; Prohibition on Contracting With Entities 
Using Certain Telecommunications and Video Surveillance Services or 
Equipment (FAR Case 2019-009)

AGENCY: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, and 
the Office of Management and Budget (OMB) regulations, DoD, GSA, and 
NASA invite the public to comment on an extension of information 
collection 9000-0201 concerning representations and reporting 
associated with implementation of Federal Acquisition Regulation (FAR) 
rule 2019-009, Prohibition on Contracting with Entities Using Certain 
Telecommunications and Video Surveillance Services or Equipment. OMB 
authorized information collection 9000-0201 as an emergency collection. 
DoD, GSA, and NASA propose that OMB extend its approval for use for 
three additional years beyond the current expiration date.

DATES: DoD, GSA, and NASA will consider all comments received by 
October 16, 2020.

ADDRESSES: DoD, GSA, and NASA invite interested persons to submit 
comments on this collection through http://www.regulations.gov and 
follow the instructions on the site. This website provides the ability 
to type short comments directly into the comment field or attach a file 
for lengthier comments. If there are difficulties submitting comments, 
contact the GSA Regulatory Secretariat Division at 202-501-4755 or 
[email protected].
    Instructions: All items submitted must cite Information Collection 
9000-0201, Prohibition on Contracting with Entities Using Certain 
Telecommunications and Video Surveillance Services or Equipment (FAR 
Case 2019-009). Comments received generally will be posted without 
change to regulations.gov, including any personal and/or business 
confidential information provided. To confirm receipt of your 
comment(s), please check regulations.gov, approximately two-to-three 
days after submission to verify posting.

FOR FURTHER INFORMATION CONTACT: FAR Policy at telephone 202-969-4075, 
or [email protected].

SUPPLEMENTARY INFORMATION:

A. OMB Control Number, Title, and Any Associated Form(s)

    9000-0201, Prohibition on Contracting with Entities Using Certain 
Telecommunications and Video Surveillance Services or Equipment (FAR 
Case 2019-009).

B. Need and Uses

    This information collection supports implementation of subparagraph 
(a)(1)(B) of Section 889 of the John S. McCain National Defense 
Authorization Act (NDAA) for Fiscal Year 2019 (Pub. L. 115-232). DoD, 
GSA, and NASA published an interim rule (FAR Case 2019-009) at 85 FR 
42665 on July 14, 2020 to implement section 889(a)(1)(B) of the NDAA. 
This section prohibits executive agencies from entering into, or 
extending or renewing, a contract with an entity that uses any 
equipment, system, or service that uses covered telecommunications 
equipment or services as a substantial or essential component of any 
system, or as critical technology as part of any system, on or after 
August 13, 2020, 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 clause at FAR 52.204-25, Prohibition on Contracting 
for Certain Telecommunications and Video Surveillance Services or 
Equipment.
    Information collected under the provision at 52.204-24 will be used 
to identify if an offeror uses any equipment, system, or service that 
uses covered telecommunications equipment or services as a substantial 
or essential component of any system, or as critical technology as part 
of any system, and their intended use in order to determine whether the 
prohibition applies.
    Information collected under the clause at FAR 52.204-25 will 
consist of reports from contractors who have identified, post-award, 
the use of any equipment, system, or service that uses covered 
telecommunications equipment or services as a substantial or essential 
component of any system, or as critical

[[Page 50027]]

technology as part of any system, and requires a disclosure that will 
be used by agency personnel to identify and consult with legal counsel 
and the program office on next steps regarding the prohibited equipment 
or services.
    If the Government seeks a waiver from the prohibition, the offeror 
will be required to provide a full and complete laydown of the 
presences of covered telecommunications or video surveillance equipment 
or services in the entity's supply chain, a phase-out plan to eliminate 
such covered telecommunications equipment or services from the 
offeror's systems, and any other information necessary for the agency 
to process the waiver.

C. Annual Burden

    The annual public reporting burden for this collection of 
information is estimated as follows:
    Agency: DoD, GSA, and NASA.
    Type of Information Collection: New Collection.
    Title of Collection: Representation Regarding Certain 
Telecommunications and Video Surveillance Services or Equipment.
    FAR Clause: 52.204-24.
    Affected Public: Private Sector--Business.
    Total Estimated Number of Respondents: 102,792.
    Average Responses per Respondents: 378.
    Total Estimated Number of Responses: 38,854,291.
    Average Time (for both positive and negative representations) per 
Response: 3 hours.
    Total Annual Time Burden: 116,562,873.

    Agency: DoD, GSA, and NASA.
    Type of Information Collection: New Collection.
    Title of Collection: Prohibition on Contracting for Certain 
Telecommunications and Video Surveillance Services or Equipment.
    FAR Clause: 52.204-25.
    Affected Public: Private Sector--Business.
    Total Estimated Number of Respondents: 5,140.
    Average Responses per Respondents: 5.
    Total Estimated Number of Responses: 25,700.
    Average Time per Response: 3 hours.
    Total Annual Time Burden: 77,100.

    Agency: DoD, GSA, and NASA.
    Type of Information Collection: New Collection.
    Title of Collection: Waiver from Prohibition on Contracting for 
Certain Telecommunications and Video Surveillance Services or 
Equipment.
    FAR Clause: 52.204-25.
    Affected Public: Private Sector--Business.
    Total Estimated Number of Respondents: 20,000.
    Average Responses per Respondents: 1.
    Total Estimated Number of Responses: 20,000.
    Average Time per Response: 160 hours.
    Total Annual Time Burden: 3,200,000.
    The public reporting burden for this collection of information 
consists of a representation to identify whether an offeror uses 
covered telecommunications equipment or services for each offer as 
required by 52.204-24 and reports of identified use of covered 
telecommunications equipment or services as required by 52.204-25. The 
representation at 52.204-24 is estimated to average 3 hours per 
response to review the prohibitions, research the source of the product 
or service, and complete the additional detailed disclosure, if 
applicable. Reports required by 52.204-25 are estimated to average 3 
hours per response, including the time for reviewing definitions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the report.
    If the Government seeks a waiver from the prohibition, the offeror 
will be required to provide a full and complete laydown of the 
presences of covered telecommunications or video surveillance equipment 
or services in the entity's supply chain and a phase-out plan to 
eliminate such covered telecommunications equipment or services from 
the offeror's systems. There is no way to estimate the total number of 
waivers at this time. For the purposes of complying with the PRA 
analysis, the FAR Council estimates 20,000 waivers; however there is no 
data for the basis of this estimate. This estimate may be higher or 
lower once the rule is in effect.

D. Public Comments

    DoD, GSA, and NASA invite comments on: whether the proposed 
collection of information is necessary for the proper performance of 
the functions of Federal Government acquisitions, including whether the 
information will have practical utility; the accuracy of the estimate 
of the burden of the proposed information collection; ways to enhance 
the quality, utility, and clarity of the information to be collected; 
and ways to minimize the burden of the information collection on 
respondents, including the use of automated collection techniques or 
other forms of information technology.
    Obtaining Copies: Requesters may obtain a copy of the information 
collection documents from the GSA Regulatory Secretariat Division by 
calling 202-501-4755 or emailing [email protected]. Please cite OMB 
Control No. 9000-0201, Prohibition on Contracting for Certain 
Telecommunications and Video Surveillance Services or Equipment (FAR 
Case 2019-009).

William Clark,
Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2020-17695 Filed 8-14-20; 8:45 am]
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