[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Notices]
[Pages 60943-60945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19148]


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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]


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 a revision 
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 6, 2023.

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 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.
    Instructions: All items submitted must cite OMB Control No. 9000-
0199, Prohibition on Contracting for 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. If 
there are difficulties submitting comments, contact the GSA Regulatory 
Secretariat Division at 202-501-4755 or [email protected].

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 for Certain 
Telecommunications and Video Surveillance Services or Equipment.

B. Needs 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 Nos. 9000-0201, with the title 
``Prohibition on Contracting for Certain Telecommunications and Video 
Surveillance Services or Equipment''. Upon approval of this 
consolidated information collection, OMB Control Nos. 9000-0201 will be 
discontinued. The burden requirements previously approved under the 
discontinued numbers 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.

[[Page 60944]]

    [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 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

[[Page 60945]]

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.

D. Public Comment

    A 60-day notice was published in the Federal Register at 88 FR 
42367, on June 30, 2023. No comments were received.
    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 for Certain 
Telecommunications and Video Surveillance Services or Equipment.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2023-19148 Filed 9-5-23; 8:45 am]
BILLING CODE 6820-EP-P