[Federal Register Volume 85, Number 221 (Monday, November 16, 2020)]
[Notices]
[Pages 73066-73067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25221]


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DEPARTMENT OF HOMELAND SECURITY

[Docket Number DHS-2020-0046]


Agency Information Collection Activities: Homeland Security 
Acquisition Regulation (HSAR) Regulation on Agency Protests

AGENCY: Department of Homeland Security (DHS).

ACTION: 60-Day Notice and request for comments; Extension without 
change of a currently approved collection, 1600-0004.

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SUMMARY: 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.

DATES: Comments are encouraged and will be accepted until January 15, 
2021. This process is conducted in accordance with 5 CFR 1320.1.

ADDRESSES: You may submit comments, identified by docket number Docket 
# DHS-2020-0046, at:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Please follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number Docket # DHS-2020-0046. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

SUPPLEMENTARY INFORMATION: The Federal Acquisition Regulation (FAR)

[[Page 73067]]

and 48 CFR Chapter 1 provide general procedures on handling protests 
submitted by contractors to Federal agencies. FAR Part 33.103, 
Protests, Disputes and Appeals, prescribes policies and procedures for 
filing protests and for processing contract disputes and appeals. While 
the FAR prescribes the procedures to be followed for protests to the 
agency, it allows agencies to determine the method of receipt. DHS will 
utilize electronic mediums (email or facsimile) for collection of 
information and will not prescribe a format or require more information 
than what is already required in the FAR. If DHS determines there is a 
need to collect additional information outside of what is required in 
the FAR, DHS will submit a request to the Office of Management and 
Budget (OMB) for approval.
    The prior information collection request for OMB No. 1600-0004 was 
approved through November 30, 2021 by OMB in a Notice of OMB Action. 
This justification supports a request for an extension of the approval.
    The information being collected will be obtained from contractors 
as part of their submissions whenever they file a bid protest with DHS. 
The information will be used by DHS officials in deciding how the 
protest should be resolved. Failure to collect this information would 
result in delayed resolution of protests.
    Agency protest information is contained in each individual 
solicitation document, and provides the specified contracting officer's 
name, email, and mailing address that the contractors would use to 
submit its response. The FAR does not specify the format in which the 
contractor should submit protest information. However, most contractors 
use computers to prepare protest materials and submit time sensitive 
responses electronically (email or facsimile) to the specified 
Government point of contact. Since the responses must meet specific 
timeframes, a centralized mailbox or website would not be a practical 
method of submission. Submission of protest information through 
contracting officers' email or through facsimile are the best methods 
to use to document receipt of protest information, and are the methods 
most commonly used in the Government protest process.
    This information collection may involve small business contractors, 
depending on the particular transaction. The burden applied to small 
businesses is minimal and consistent with the goals of achieving timely 
resolution of agency protests.
    This information is collected only when contractors choose to file 
a protest. The information is requested from contractors so that the 
Government will be able to evaluate protests effectively and provide 
prompt resolution of issues in dispute when contractors file agency 
level claims.
    DHS/ALL/PIA-006 General Contact Lists covers the basic contact 
information that must be collected for DHS to address these protests. 
The other information collected will typically pertain to the contract 
itself, and not individuals. However, all information for this 
information collection is submitted voluntarily. Technically, because 
this information is not retrieved by personal identifier, no SORN is 
required. However, DHS/ALL-021 DHS Contractors and Consultants provides 
coverage for the collection of records on DHS contractors and 
consultants, to include resume and qualifying employment information. 
There is no assurance of confidentiality provided to the respondents.
    The burden estimates provided are based upon reports of protest 
activities submitted to the GAO or the Court of Federal Claims in 
Fiscal Year 2019. No program changes have occurred or changes to the 
information being collected, however, the burden was adjusted to 
reflect an agency adjustment decrease of 6 respondents within DHS for 
Fiscal Year 2019, as well as an increase 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: Homeland Security Acquisition Regulation (HSAR) Regulation 
on Agency Protests.
    OMB Number: 1600-0004.
    Frequency: On occasion.
    Affected Public: Private Sector.
    Number of Respondents: 93.
    Estimated Time per Respondent: 2 hours.
    Total Burden Hours: 186.

Robert Dorr,
Acting Executive Director, Business Management Directorate.
[FR Doc. 2020-25221 Filed 11-13-20; 8:45 am]
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