Notice2023-13916
Information Collection; Prohibition on Contracting With Entities Using Certain Telecommunications and Video Surveillance Services or Equipment
Primary source
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Published
June 30, 2023
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 125 (Friday, June 30, 2023)</title>
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[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Notices]
[Pages 42367-42369]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
<a href="/cdn-cgi/l/email-protection#85c2d6c4d7e0e2d6e0e6c5e2f6e4abe2eaf3"><span class="__cf_email__" data-cfemail="81c6d2c0d3e4e6d2e4e2c1e6f2e0afe6eef7">[email protected]</span></a>.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal and/or business
confidential information provided. To confirm receipt of your
comment(s), please check <a href="http://www.regulations.gov">www.regulations.gov</a>, approximately two-to-
three days after submission to verify posting.
FOR FURTHER INFORMATION CONTACT: Malissa Jones, Procurement Analyst, at
telephone 571-882-4687, or <a href="/cdn-cgi/l/email-protection#543935383d2727357a3e3b3a3127143327357a333b22"><span class="__cf_email__" data-cfemail="1e737f72776d6d7f307471707b6d5e796d7f30797168">[email protected]</span></a>.
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:
<bullet> 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.
<bullet> 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:
<bullet> 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.
<bullet> 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
[[Page 42369]]
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):
<bullet> 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.
<bullet> 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.
<bullet> 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 <a href="https://dibnet.dod.mil">https://dibnet.dod.mil</a>.
[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 <a href="https://dibnet.dod.mil">https://dibnet.dod.mil</a>.
[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 <a href="/cdn-cgi/l/email-protection#a1e6f2e0f3c4c6f2c4c2e1c6d2c08fc6ced7"><span class="__cf_email__" data-cfemail="64233725360103370107240317054a030b12">[email protected]</span></a>. 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
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