[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Pages 80101-80103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27211]


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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]


Submission for OMB Review; 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.

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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 a revision 
and extension of a previously approved information collection 
requirement regarding 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.

[[Page 80102]]


DATES: Submit comments on or before January 11, 2021.

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 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.
    Instructions: All items submitted must cite OMB Control No. 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 http://www.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. If there are difficulties 
submitting comments, contact the GSA Regulatory Secretariat Division at 
202-501-4755 or [email protected].

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 for Fiscal Year 2019 (Pub. L. 115-232). 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 FAR through the provision at 
FAR 52.204-24, Representation Regarding Certain Telecommunications and 
Video Surveillance Services or Equipment, the clause at FAR 52.204-25, 
Prohibition on Contracting for Certain Telecommunications and Video 
Surveillance Services or Equipment, and the provision at FAR 52.204-26, 
Covered Telecommunications Equipment or Services--Representation.
    Information collected under the provision at FAR 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 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 presence 
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.
    Information collected under the provision at FAR 52.204-26 will be 
used to identify if an offeror uses any covered telecommunications 
equipment or services, or any equipment, system, or service that uses 
covered telecommunications equipment or services.

C. Annual Burden

    The first notice for this information collection was published 
prior to the second interim rule that published on August 2 at 85 FR 
53126. The information collection has been updated to reflect the 
second interim rule that added the representation in FAR 52.204-26.
    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 Provision: 52.204-24
    Affected Public: Private Sector--Business.
    Total Estimated Number of Respondents: 81,902.
    Average Responses per Respondent: 380.
    Total Estimated Number of Responses: 31,083,433.
    Average Time (for both positive and negative representations) per 
Response: 3 hours.
    Total Annual Time Burden: 93,250,299.
    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 Respondent: 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 Respondent: 1.
    Total Estimated Number of Responses: 20,000.
    Average Time per Response: 160 hours.
    Total Annual Time Burden: 3,200,000.
    Agency: DoD, GSA, and NASA.
    Type of Information Collection: New Collection.
    Title of Collection: Covered Telecommunications Equipment or 
Services--Representation.
    FAR Provision: 52.204-26
    Affected Public: Private Sector--Business.
    Total Estimated Number of Respondents: 387,967.
    Average Responses per Respondent: 1.

[[Page 80103]]

    Total Estimated Number of Responses: 387,967.
    Average Time per Response: 1 hour.
    Total Annual Time Burden: 387,967.
    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 FAR 52.204-26 and 52.204-24, information required for a 
waiver from the prohibition in FAR 52.204-25, and reports of identified 
use of covered telecommunications equipment or services as required by 
FAR 52.204-25.
    The representation at FAR 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 FAR 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 presence 
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, DoD, GSA, and NASA estimate 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.
    The representation at FAR 52.204-26 must be completed by each 
offeror at least annually. This provision requires an offeror to 
represent whether it ``does'' or ``does not'' use covered 
telecommunications equipment or services, or any equipment, system, or 
service that uses covered telecommunications equipment or services. The 
representation at FAR 52.204-26 is estimated to average 1 hour per 
response to review and complete the representation.

D. Public Comments

    The first interim rule to implement Section 889(a)(1)(B) was 
published in the Federal Register at 85 FR 42665 on July 14, 2020 and 
included the information collection for the updates to FAR at 52.204-24 
and 52.204-25. The request for public comment (60-day notice) on that 
information collection was published separately at 85 FR 50026 on 
August 17, 2020. Subsequently, a second interim rule was published at 
85 FR 53126 on August 27, 2020 that added an information collection 
requirement for the provision at FAR 52.204-26 and included a request 
for public comment (60-day notice) on the revised information 
collection.
    A total of four comments were received on the 60-day notice 
published on August 17th, and no comments were received on the revised 
information collection in response to the second interim rule. The 
comments did not address Paperwork Reduction Act issues. None of the 
commenters expressed an opinion on whether these collections of 
information are needed; whether the estimated number of burden hours is 
accurate; or ways to minimize the burden of the collection of 
information. We have not changed the estimate of the burden in the 
rule.
    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 
with Entities Using Certain Telecommunications and Video Surveillance 
Services or Equipment (FAR Case 2019-009).

William F. Clark,
Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2020-27211 Filed 12-10-20; 8:45 am]
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