[Federal Register Volume 85, Number 230 (Monday, November 30, 2020)]
[Notices]
[Pages 76595-76597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26284]


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DEPARTMENT OF HOMELAND SECURITY

[Docket Number-2020-0048]


Agency Information Collection Activities: Solicitation of 
Proposal Information for Award of Public Contracts, 700-24, 700-25

AGENCY: Department of Homeland Security (DHS).

ACTION: 60-Day notice and request for comments; extension without 
change of a currently approved collection, 1600-0005.

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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 29, 
2021. This process is conducted in accordance with 5 CFR 1320.1

ADDRESSES: You may submit comments, identified by docket number Docket 
# 2020-0048, at:
    [cir] Federal rulemaking 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 # 2020-0048. 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 Department of Homeland Security (DHS) 
collects information, when necessary, when inviting firms to submit 
bids, proposals, and offers for public contracts for supplies and 
service. Using solicitation methods such as Requests for Proposals 
(RFP), Requests for Information (RFI), and Broad Agency Announcements 
(BAA), the Government requests information from prospective offerors 
such as pricing information, delivery schedule compliance, and evidence 
that the offeror has the resources (both human and financial) to 
accomplish requirements. The information collection is necessary for 
compliance with the Homeland Security Acquisition Regulation (HSAR), 48 
CFR Chapter 30, and the Small Business Innovative Research (SBIR) and 
Small Business Technology Transfer (STTR) programs, 15 U.S.C 628.
    The prior information collection request for OMB No. 1600-0005 was 
approved through November 30, 2021, and includes the following:
     3052.209-70 Prohibition on Contracts with Corporate 
Expatriates (Required in all solicitations and contracts) The offeror 
must disclose whether it is a foreign incorporated entity that should 
be treated as an inverted domestic corporation.
     3052.209-71 Reserve Officer Training Corps and Military 
Recruiting on Campus (Required in all solicitations and contracts with 
institutions of higher education) Requires that the Contractor 
represent that it does not now have, and agrees that during performance 
of the contract that it will not adopt, any policy or practice 
described in paragraph (b) of the clause.
     3052.209-72 Organizational Conflict of Interest, 
paragraphs (c), (d) and (e), (Required in all solicitations and 
contracts where a potential organizational conflict of interest exists 
and mitigation may be possible) The offeror must disclose whether it is 
aware of any facts which create any actual or potential organizational 
conflicts of interest; and, provide information as required by the 
Government and a mitigation plan relating to the conflict, if 
applicable.
     3052.209-74 Limitations on Contractors Acting as Lead 
System Integrators (Required in solicitations for the acquisition of a 
major system when the acquisition strategy envisions the use of a lead 
system integrator) The offeror must disclose whether it proposes to 
perform this contract as a lead system integrator with system 
responsibility, and whether it has a direct financial interest in the 
system that is the subject of the solicitation; and, provide evidence, 
as needed.
     3052.209-76 Prohibition on Federal Protective Service 
(FPS) Guard Services Contracts with Business Concerns Owned, 
Controlled, or Operated by an Individual Convicted of a Felony, 
paragraphs (a) through (g), (Required in in all solicitations and 
contracts for FPS guard services) The offeror must disclose whether it 
is owned, operated or controlled by an individual convicted of any 
felony. A business concern owned, operated or controlled by an 
individual convicted of any felony may submit an award request to the 
Government. The request must include information that is considered 
personally identifiable information, and any additional information the 
Government deems necessary.
     3052.215-70 Key Personnel and Facilities (Required in 
solicitations and contracts when the selection for award is 
substantially based on the offeror's possession of special capabilities 
regarding personnel or facilities) Before removing or replacing any of 
the specified individuals or facilities, the offeror must notify the 
Government, in writing, before the change becomes effective.
     3052.219-72 Evaluation of Prime Contractor Participation 
in the DHS Mentor-Prot[eacute]g[eacute] Program (Required in all 
solicitations containing (HSAR) 48 CFR 3052.219-71, DHS Mentor-
Prot[eacute]g[eacute] Program and (FAR) 48 CFR 52.219-9 Small Business 
Subcontracting Plan) The offeror must provide a signed letter of 
mentor-prot[eacute]g[eacute] agreement, if it wishes to receive credit 
under the source selection factor.
     3052.247-70 F.o.b. Origin Information (Required in 
solicitations as appropriate) The offeror must provide information 
related to the offeror's shipping point.
    The DHS Science and Technology (S&T) Directorate issues BAAs 
soliciting when white papers and proposals from the public. DHS S&T 
evaluates white papers and proposals received in response to a DHS S&T 
BAA using the evaluation criteria specified in the BAA through a peer 
or scientific review process in accordance with FAR 35.016(d). 
Unclassified white papers and proposals are typically collected via the 
DHS S&T BAA secure website, while classified white papers and proposals 
must be submitted via proper classified courier or proper classified 
mailing procedures as described in the National Industrial Security 
Program Operating Manual (NSPOM).
    Federal agencies with an annual extramural research and development 
(R&D) budget exceeding $100 million are required to participate in the 
SBIR Program. Similarly, Federal agencies with an extramural R&D budget 
exceeding $1 billion are required to participate in the STTR Program. 
Federal agencies who participate in the

[[Page 76596]]

SBIR and STTR programs must collect information from the public to 
meet:
    (1) Applicable reporting requirements under 15 U.S.C. 638 (b)(7), 
(g)(8), (i), (j)(1)(E), (j)(3)(C), (l), (o)(10), and (v);
    (2) The requirement to maintain both a publicly accessible database 
of SBIR/STTR award information and a government database of SBIR/STTR 
award information for SBIR and STTR program evaluation under 15 U.S.C. 
638 g(10, (k), (o)(9), and (o)(15); and
    (3) Requirements for public outreach under 15 U.S.C. 638 (j)(2)(F), 
(o)(14), and (s).
    DHS is seeking to renew this collection, and revise it to add, for 
purposes of entering into other transaction agreements pursuant to 6 
U.S.C. 391, 6 U.S.C. 596(1), and 49 U.S.C. 106(l)(6), Form 700-24, 
Other Transaction Agreement Solicitation, and Form 700-25, Other 
Transaction Agreement Solicitation Amendment. On the forms, respondents 
submit an Employer Identification Number, as well as the business' 
name, address and title. Respondents must also identify the authorized 
business representative's personal name, and must include a signature.
    The information being collected is used by the Government's 
contracting officers and other acquisition personnel, including 
technical and legal staff to determine the adequacy of technical and 
management approach, experience, responsibility, responsiveness, and 
expertise of the firms submitting offers; the identification of members 
of the public (i.e., small businesses) who qualify for and are 
interested in participating in the DHS SBIR Program; and, provide the 
DHS SBIR Program Office necessary and sufficient information to 
determine whether proposals submitted by the public to the DHS SBIR 
Program meet the criteria for consideration under the program.
    Failure to collect this information would adversely affect the 
quality of products and services DHS receives from contractors. 
Potentially, contracts would be awarded to firms without sufficient 
experience and expertise, thereby placing the Department's operations 
in jeopardy. Defective and inadequate contractor deliverables would 
adversely affect DHS's fulfillment of the mission requirements in all 
areas. Additionally, the Department would be unsuccessful in 
identifying small businesses with research and development (R&D) 
capabilities, which would adversely affect the mission requirements in 
this area.
    Many sources of the requested information use automated word 
processing systems, databases, and web portals to facilitate 
preparation of material to be submitted and to post and collect 
information. It is common place within many of DHS's Components for 
submissions to be electronic as a result of implementation of e-
Government initiatives.
    Information technology (i.e., electronic web portal) is used in the 
collection of information to reduce the data gathering and records 
management burden. DHS uses a secure website the public can use to 
propose SBIR research topics and submit proposals in response to SBIR 
solicitations. In addition, DHS uses a web portal to review RFIs and 
register to submit a white paper or proposal in response to a specific 
BAA. The data collection forms standardize the collection of 
information that is necessary and sufficient for the DHS SBIR Program 
Office to meet its requirements under 15 U.S.C. 638.
    This information collection required by the HSAR and the SBIR and 
STTR programs may or may not involve small business contractors, 
depending on the particular transaction. The burden applied to small 
businesses has been reduced to the least burdensome commensurate with 
the DHS need for the information. In certain cases, information 
collection is done via a secure website which is intended to minimize 
burden for businesses (including small businesses) and other for-profit 
entities, and not-for-profit institutions. Small businesses and other 
small entities will be able to enter identifying information and 
subsequently update rather than resubmit the information via the 
internet.
    Less frequent incidence of collecting such information as offerors' 
technical approach, management approach, experience statements, and 
resumes indicating level of expertise would negatively affect the 
quality of products and services DHS received from contractors. 
Potentially, contracts would be awarded to firms without sufficient 
experience and expertise, thereby placing the Department's operations 
in jeopardy.
    Additionally, DHS collects information that is both necessary and 
sufficient to comply with 15 U.S.C. 638 and receive white papers and 
proposals from the public in response to BAAs. Failure to allow the 
public to submit information would diminish the ability of the DHS SBIR 
Program Office to meet its obligation for outreach as required by 15 
U.S.C. 638, evaluate white papers and proposals in accordance with the 
criteria in the BAA and provide the respondents with the results of the 
evaluation. DHS/ALL/PIA-006 General Contact Lists dated June15, 2007 
covers the basic contact information that must be collected for DHS. 
Other information collected will typically pertain to the contract 
itself, and not individuals. All information for this information 
collection is submitted voluntarily. However, sensitive information 
(e.g., felony conviction information) may also be collected through 
this information collection. Due to this sensitivity, and the 
sensitivities regarding the procurement process as a whole, a new PIA 
is required to document and identify any potential risks associated 
with collecting this information.
    There is no assurance of confidentiality provided to the 
respondents.
    The burden estimates are based upon definitive proposals reported 
by DHS and its Components to the Federal Procurement Data System (FPDS) 
for FY 2019, and, for the forms, data reported by contracting 
activities related to single source DHS other transaction awards and 
modifications issued in FY 2019. No program changes occurred and there 
have been no changes to the information being collected. However, the 
burden was adjusted to reflect an agency adjustment increase of 13,206 
in the number of respondents within DHS for FY 2019, to include the 
number of respondents added as a result of the new forms, 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).

[[Page 76597]]

    Title: Solicitation of Proposal Information for Award of Public 
Contracts.
    OMB Number: 1600-0005.
    Frequency: On occasion.
    Affected Public: Private Sector.
    Number of Respondents: 130,418.
    Estimated Time per Respondent: 1.8.
    Total Burden Hours: 1,358,512.

Robert Dorr,
Acting Executive Director, Business Management Directorate.
[FR Doc. 2020-26284 Filed 11-27-20; 8:45 am]
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