[Federal Register Volume 85, Number 186 (Thursday, September 24, 2020)]
[Notices]
[Pages 60165-60166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21033]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0199; Docket No. 2019-0003; Sequence No. 28]


Submission for OMB Review; Prohibition on Contracting for Certain 
Telecommunications and Video Surveillance Services or Equipment

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

ACTION: Notice.

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SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat Division has submitted to the Office of 
Management and Budget (OMB) a request to review and approve an 
extension of a previously approved information collection requirement 
regarding prohibition on contracting for certain telecommunications and 
video surveillance services or equipment.

DATES: Submit comments on or before October 26, 2020.

ADDRESSES: Written comments and recommendations for this 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.
    Additionally submit a copy to GSA by any of the following methods:
     Federal eRulemaking Portal: This website provides the 
ability to type short comments directly into the comment field or 
attach a file for lengthier comments. Go to http://www.regulations.gov 
and follow the instructions on the site. All items submitted must cite 
Information Collection 9000-9000-0199, Prohibition on Contracting for 
Certain Telecommunications and Video Surveillance Services or 
Equipment.
     Comments received generally will be posted without change 
to http://www.regulations.gov, including any personal and/or business 
confidential information provided. To confirm receipt of your 
comment(s), please check www.regulations.gov, approximately two-to-
three days after submission to verify posting (except allow 30 days for 
posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: Camara Francis, Procurement Analyst, 
at telephone 202-550-0935, or [email protected].

SUPPLEMENTARY INFORMATION:

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

    9000-0199, Prohibition on Contracting for Certain 
Telecommunications and Video Surveillance Services or Equipment.

B. Needs and Uses

    The Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.) 
provides that an agency generally cannot conduct or sponsor a 
collection of information, and no person is required to respond to, nor 
be subject to, a penalty for failure to comply with a collection of 
information, unless that collection has obtained Office of Management 
and Budget (OMB) approval and displays a currently valid OMB Control 
Number.
    DoD, GSA, and NASA requested and OMB authorized emergency 
processing of an information collection involved in this rule, as OMB 
Control Number 9000-0199 (FAR case 2018-017), from the provision at FAR 
52.204-24, Representation Regarding Certain Telecommunications and 
Video Surveillance Services and the clause at FAR 52.204-25, 
Prohibition on Contracting for Certain Telecommunications and Video 
Surveillance Services or Equipment, consistent with 5 CFR 1320.13. DoD, 
GSA, and NASA have determined the following conditions have been met:
    a. The collection of information is needed prior to the expiration 
of time periods normally associated with a routine submission for 
review under the provisions of the Paperwork Reduction Act, in view of 
the deadline for this provision of the NDAA which was signed into law 
in August 2018 and requires action before the prohibition goes into 
effect on August 13, 2019.
    b. The collection of information is essential to the mission of the 
agencies to ensure the Federal Government does not purchase prohibited 
equipment, systems and services, and can respond appropriately if any 
such purchases are not identified until after delivery or use.
    c. The use of normal clearance procedures would prevent the 
collection of information from contractors, for national security 
purposes.
    This requirement supports implementation of Section 889 of Title 
VII of the National Defense Authorization Act for Fiscal Year 2019 
(Pub. L. 115-232). This section prohibits agencies from procuring, 
obtaining, extending or renewing a contract to procure or obtain any 
equipment, system, or service that uses covered telecommunication 
equipment or services as a substantial or essential component of any 
system, or as a critical technology as part of any system on or after 
August 13, 2019 unless an exception applies.
    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.

[[Page 60166]]

    This clearance covers the following requirements:
     FAR 52.204-24 requires an offeror to represent whether 
they will provide any covered telecommunications equipment or services 
and if so, describe in more detail the use of the covered 
telecommunications equipment or services; and
     FAR 52.204-25 requires contractors to report covered 
telecommunications equipment, systems and services identified during 
performance of a contract.
    DoD, GSA, and NASA request approval of this information collection 
in order to implement the law. The information will be used by agency 
personnel to identify and remove prohibited equipment, systems, or 
services from Government use. Under the Paperwork Reduction Act (PRA) 
of 1995, Federal agencies must obtain approval from the Office of 
Management and Budget (OMB) for each collection of information they 
conduct or sponsor.

C. Annual Reporting Burden

    52.204-25:
    Respondents: 190,446.
    Total Annual Responses: 7,855,881.
    Total Burden Hours: 821,274.
    The public reporting burden for this collection of information 
consists of completing the representation, which is estimated will take 
an average of 5 minutes (.08333 hours) per response if additional 
detail is not necessary. If additional detail is necessary, completing 
the representation is estimated will take an average of three hours per 
response. The average total burden hours per total responses is 
estimated to average .105 burden hours per response, including time to 
complete the representation and provide the additional detail.

Annual Reporting Burden

    52.204-25:
    Respondents: 4,761.
    Total Annual Responses: 23,805.
    Total Burden Hours: 35,708.
    The public reporting burden for this collection of information 
consists of reports of identified covered telecommunications equipment, 
systems and services during contract performance as required by 52.204-
25. Reports are estimated to average 1.5 hour per response, including 
the time for reviewing definitions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the report.

D. Public Comment

    A 60-day notice was published in the Federal Register at 84 FR 
54146, on October 9, 2019. No comments were received.
    Obtaining Copies: Requesters may obtain a copy of the information 
collection documents from the General Services Administration, 
Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington, 
DC 20405, telephone 202-501-4755.
    Please cite OMB Control No. 9000-0199, Prohibition on Contracting 
for Certain Telecommunications and Video Surveillance Services or 
Equipment, in all correspondence.

William Clark,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2020-21033 Filed 9-23-20; 8:45 am]
BILLING CODE 6820-EP-P