[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Notices]
[Pages 42367-42369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13916]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0199; Docket No. 2023-0053; Sequence No. 5]


Information Collection; Prohibition on Contracting With Entities 
Using Certain Telecommunications and Video Surveillance Services or 
Equipment

AGENCY: Department of Defense (DOD), General Services Administration 
(GSA),

[[Page 42368]]

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 a revision concerning Prohibition 
on Contracting with Entities Using Certain Telecommunications and Video 
Surveillance Services or Equipment. 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. OMB has 
approved this information collection for use through November 30, 2023. 
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 August 
29, 2023.

ADDRESSES: DoD, GSA, and NASA invite interested persons to submit 
comments on this collection through https://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 OMB Control No. 9000-
0199, Prohibition on Contracting with Entities Using Certain 
Telecommunications and Video Surveillance Services or Equipment. 
Comments received generally will be posted without change to https://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.

FOR FURTHER INFORMATION CONTACT: Malissa Jones, Procurement Analyst, at 
telephone 571-882-4687, or [email protected].

SUPPLEMENTARY INFORMATION: 

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

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

B. Need and Uses

    DoD, GSA, and NASA are combining OMB Control Nos. for the Federal 
Acquisition Regulation (FAR) by FAR part. This consolidation is 
expected to improve industry's ability to easily and efficiently 
identify burdens associated with a given FAR part. The review of the 
information collections by FAR part allows improved oversight to ensure 
there is no redundant or unaccounted for burden placed on industry. 
Lastly, combining information collections in a given FAR part is also 
expected to reduce the administrative burden associated with processing 
multiple information collections.
    This justification supports the revision of OMB Control No. 9000-
0199 and combines it with the previously approved information 
collections under OMB Control No(s). 9000-0201, with the title 
``Prohibition on Contracting with Entities Using Certain 
Telecommunications and Video Surveillance Services or Equipment''. Upon 
approval of this consolidated information collection, OMB Control 
No(s). 9000-0201 will be discontinued. The burden requirements 
previously approved under the discontinued number(s) will be covered 
under OMB Control No. 9000-0199.
    This clearance covers the information that offerors and contractors 
must submit to comply with the following FAR requirements listed in the 
order in which offerors and contractors provide the information:
     FAR 52.204-26, Covered Telecommunications Equipment or 
Services--Representation. This provision requires offerors to:
    [cir] Review the list of excluded parties in SAM for entities 
excluded from receiving Federal awards for ``covered telecommunications 
equipment or services''.
    [cir] Represent whether it does or does not provide covered 
telecommunications equipment or services as a part of its offered 
products or services to the Government in the performance of any 
contract, subcontract, or other contractual instrument.
    [cir] Represents 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.
     FAR 52.204-24, Representation Regarding Certain 
Telecommunications and Video Surveillance Services or Equipment. This 
provision requires offerors to respond only if the offeror represented 
that it ``does provide or use covered telecommunications equipment or 
services as a part of its offered products or services to the 
Government in the performance of any contract, subcontract, or other 
contractual instrument'' in paragraphs (c)(1) or (c)(2) of the FAR 
provision at 52.204-26, or in paragraphs (v)(2)(i) or (ii) of the 
provision at 52.212-3.
    If the offeror is required to respond to this provision, offerors 
are required to:
    [cir] Review the list of excluded parties in SAM for entities 
excluded from receiving Federal awards for ``covered telecommunications 
equipment or services,''
    [cir] Represent whether it ``will'' or ``will not'' provide the 
covered telecommunications equipment or services to the Government in 
the performance of any contract, subcontract or other contractual 
instrument resulting from the solicitation.
    [ssquf] If the offeror responded that it ``will'' in the 
representation in paragraph (d)(1) of this provision, the offeror must 
provide the following additional disclosure information found at 
52.204-24(e)(1) as part of its offer:
     For covered equipment--
    [cir] The entity that produced the covered telecommunications 
equipment (including entity name, unique entity identifier, Commercial 
and Government Entity (CAGE) code, and whether the entity was the 
original equipment manufacturer (OEM) or a distributor, if known);
    [cir] A description of all covered telecommunications equipment 
offered (including brand; model number, such as OEM number, 
manufacturer part number, or wholesaler number; and item description, 
as applicable); and
    [cir] An explanation of the proposed use of covered 
telecommunications equipment and any factors relevant to determining if 
such use would be permissible under the prohibition in paragraph (b)(1) 
of the provision at 52.204-24.
     For covered services--
    [cir] If the service is related to item maintenance: A description 
of all covered telecommunications services offered (include on the item 
being maintained: Brand; model number, such as OEM number, manufacturer 
part

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number, or wholesaler number; and item description, as applicable); or
    [cir] If not associated with maintenance, the Product Service Code 
(PSC) of the service being provided; and an explanation of the proposed 
use of covered telecommunications services and any factors relevant to 
determining if such use would be permissible under the prohibition in 
paragraph (b)(1) of the provision at 52.204-24.
    [cir] Represent whether it ``does'' or ``does not'' use covered 
telecommunications equipment or services, or use any equipment, system, 
or service that uses covered telecommunications equipment or services.
    [ssquf] If the offeror has responded ``does'' in the representation 
in paragraph (d)(2) of this provision, the offeror must provide the 
following additional disclosure information found at 52.204-24(e)(2):
     For covered equipment--
    [cir] The entity that produced the covered telecommunications 
equipment (including entity name, unique entity identifier, CAGE code, 
and whether the entity was the OEM or a distributor, if known);
    [cir] A description of all covered telecommunications equipment 
offered (including brand; model number, such as OEM number, 
manufacturer part number, or wholesaler number; and item description, 
as applicable); and
    [cir] An explanation of the proposed use of covered 
telecommunications equipment and any factors relevant to determining if 
such use would be permissible under the prohibition in paragraph (b)(2) 
of the provision at 52.204-24.
     For covered services--
    [cir] If the service is related to item maintenance: A description 
of all covered telecommunications services offered (include on the item 
being maintained: Brand; model number, such as OEM number, manufacturer 
part number, or wholesaler number; and item description, as 
applicable); or
    [cir] If not associated with maintenance, the PSC of the service 
being provided; and an explanation of the proposed use of covered 
telecommunications services and any factors relevant to determining if 
such use would be permissible under the prohibition in paragraph (b)(2) 
of the provision at 52.204-24.
     FAR 52.204-25, Prohibition on Contracting for Certain 
Telecommunications and Video Surveillance Services or Equipment. In the 
event a contractor identifies covered telecommunications equipment or 
services used as a substantial or essential component of any system, or 
as critical technology as part of any system, during contract 
performance, or a contractor is notified of such by a subcontractor at 
any tier or by any other source, this clause requires contractors to:
    [cir] Report the information in paragraph 52.204-25(d)(2) to the 
contracting officer, unless the contract has established other 
procedures for reporting the information; in the case of DoD, the 
contractor shall report to the website at https://dibnet.dod.mil.
    [cir] For indefinite delivery contracts, the contractor shall 
report to the contracting officer for the indefinite delivery contract 
and the contracting officer(s) for any affected order or, in the case 
of DoD, identify both the indefinite delivery contract and any affected 
orders in the report provided at https://dibnet.dod.mil.
    [cir] Report the following within one business day from the date of 
such identification or notification:
    [ssquf] The contract number;
    [ssquf] The order number(s), if applicable;
    [ssquf] Supplier name;
    [ssquf] Supplier unique entity identifier (if known);
    [ssquf] Supplier CAGE code (if known);
    [ssquf] Brand;
    [ssquf] Model number (original equipment manufacturer number, 
manufacturer part number, or wholesaler number);
    [ssquf] Item description;
    [ssquf] And any readily available information about mitigation 
actions undertaken or recommended.
    [cir] Report the following within 10 business days of submitting 
the information in paragraph(d)(2)(i) of this clause:
    [ssquf] Any further available information about mitigation actions 
undertaken or recommended.
    [ssquf] Describe efforts undertaken to prevent use or submission of 
covered telecommunications equipment or services, and any additional 
efforts that will be incorporated to prevent future use or submission 
of covered telecommunications equipment or services.
    The information collected is used by contracting officers to 
identify if an offeror provides or uses any covered telecommunications 
equipment or services as a part of its offered products or services to 
the Government in the performance of any contract, subcontract, or 
other contractual instrument. In the event that offerors are required 
to disclose further information, the contracting officer uses the 
collected information to ensure compliance with the FAR as implemented 
by statute and consult with legal counsel and the program office on 
next steps regarding the prohibited equipment or services.

C. Annual Burden

    Respondents: 902,777.
    Total Annual Responses: 905,213.
    Total Burden Hours: 1,839,573.
    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. 9000-0199, Prohibition on Contracting with Entities Using 
Certain Telecommunications and Video Surveillance Services or 
Equipment.

William Clark,
Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2023-13916 Filed 6-29-23; 8:45 am]
BILLING CODE 6820-EP-P