Notice2021-18503
General Services Administration Acquisition Regulation; Information Collection; Foreign Ownership and Financing Representation for High-Security Leased Space
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 27, 2021
Issuing agencies
General Services Administration
Abstract
In accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations, GSA invites the public to comment on an extension concerning disclosure of foreign ownership information under high-security lease space acquisitions. OMB has approved this information collection for use through January 31, 2022. GSA proposes that OMB extend its approval for use for three additional years beyond the current expiration date.
Full Text
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<title>Federal Register, Volume 86 Issue 164 (Friday, August 27, 2021)</title>
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[Federal Register Volume 86, Number 164 (Friday, August 27, 2021)]
[Notices]
[Page 48143]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18503]
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GENERAL SERVICES ADMINISTRATION
[OMB Control No. 3090-0324: Docket No. 2021-0001; Sequence No. 10]
General Services Administration Acquisition Regulation;
Information Collection; Foreign Ownership and Financing Representation
for High-Security Leased Space
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Notice of request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and
Office of Management and Budget (OMB) regulations, GSA invites the
public to comment on an extension concerning disclosure of foreign
ownership information under high-security lease space acquisitions. OMB
has approved this information collection for use through January 31,
2022. GSA proposes that OMB extend its approval for use for three
additional years beyond the current expiration date.
DATES: GSA will consider all comments received by October 26, 2021.
ADDRESSES: Submit comments on this information collection to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Submit comments via the Federal eRulemaking portal
by searching for ``Information Collection 3090-0324''. Select the link
``Comment Now'' that corresponds with Information Collection 3090-0324.
Follow the instructions provided at the ``Comment Now'' screen. Please
include your name, company name (if any), and ``Information Collection
3090-0324'' on your attached document.
Instructions: Please submit comments only and cite ``Information
Collection 3090-0324'' in all correspondence related to this
collection. Comments received generally will be posted without change
to <a href="http://regulations.gov">regulations.gov</a>, including any personal and/or business confidential
information provided. To confirm receipt of your comment(s), please
check <a href="http://regulations.gov">regulations.gov</a> approximately two-to-three days after submission
to verify posting.
FOR FURTHER INFORMATION CONTACT: Mr. Stephen Carroll, 817-253-7858,
General Services Acquisition Policy Division, by email at
<a href="/cdn-cgi/l/email-protection#d5b2a6b4a7a5bab9bcb6ac95b2a6b4fbb2baa3"><span class="__cf_email__" data-cfemail="6e091d0f1c1e0102070d172e091d0f40090118">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. Purpose
The Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.)
provides that an agency generally cannot conduct or sponsor a
collection of information, and no person is required to respond to, nor
be subject to, a penalty for failure to comply with a collection of
information, unless that collection has obtained Office of Management
and Budget (OMB) approval and displays a currently valid OMB Control
Number.
Consistent with 5 CFR 1320.13, GSA requested and OMB authorized
emergency processing of an information collection, as OMB Control
Number 3090-0324, to identify the immediate or highest-level owner of
high-security leased space, including any financing entity, and
disclose whether that owner or financing entity is a foreign person or
entity, including the country associated with the ownership or
financing entity through GSAR 552.270-33. GSA has determined the
following conditions have been met:
a. The collection of information is needed prior to the
expiration of time periods normally associated with a routine
submission for review under the provisions of the Paperwork
Reduction Act, because the disclosure requirements of Section 3 of
the Secure Federal LEASEs Act (Pub. L. 116-276) were effective on
June 30, 2021.
b. The collection of information is essential to GSA's mission
to ensure GSA complies with Section 3 in order to reduce security
risks such as espionage and unauthorized cyber and physical access
in high-security leased space.
c. GSA cannot comply with the normal clearance procedures
because public harm is reasonably likely to result if current
clearance procedures are followed.
This requirement supports implementation of Section 3 of the Secure
Federal LEASEs Act (Pub. L. 116-276) for high-security leased space.
This section requires offerors to identify the immediate or highest-
level owner of the space, including any financing entity, and disclose
whether that owner or financing entity is a foreign person or entity,
including the country associated with the ownership entity. The
offerors shall (1) provide such identification and disclosure when
first submitting a proposal in response to a solicitation; and, if
awarded the lease, (2) update such information annually.
This requirement is partially implemented in the Federal
Acquisition Regulation (FAR) through the provisions at FAR 52.204-3,
Taxpayer Identification, FAR 52.204-7, System for Award Management, FAR
52.204-17, Ownership and Control of Offeror, and clause at FAR 52.204-
13, System for Award Management Maintenance. OMB Control Numbers 9000-
0097 and 9000-0185 cover the FAR provisions and clause. However, the
FAR does not account for foreign financing as required by the Act.
B. Annual Reporting Burden
This information collection applies to GSA lease procurements for
high-security space. The annual public reporting burden for this
collection of information through GSAR 552.270-33 is estimated based on
the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information.
The annual reporting burden is estimated as follows:
1. Initial Disclosure
Baseline Representation
Estimated annual responses: 542.
Estimated hours per response: 2.
Additional Representation
Estimated annual responses: 54.
Estimated hours per response: 10.
Total Initial Response Burden Hours: 1,624.
2. Annual Updates
Estimated annual responses: 542.
Estimated hours per response: 0.25.
Total Update Response Burden Hours: 136.
C. Public Comments
Public comments are particularly invited on: Whether this
collection of information is necessary; whether it will have practical
utility; whether our estimate of the public burden of this collection
of information is accurate, and based on valid assumptions and
methodology; ways to enhance the quality, utility, and clarity of the
information to be collected; and ways in which we can minimize the
burden of the collection of information on those who are to respond,
through the use of appropriate technological collection techniques or
other forms of information technology.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Government-wide Policy.
[FR Doc. 2021-18503 Filed 8-26-21; 8:45 am]
BILLING CODE 6820-61-P
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