Notice2023-18013
Agency Information Collection Activities: Regulation on Agency Protests; OMB No. 1600-0004
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 22, 2023
Issuing agencies
Homeland Security Department
Abstract
The Department of Homeland Security will submit the following Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995.
Full Text
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<title>Federal Register, Volume 88 Issue 161 (Tuesday, August 22, 2023)</title>
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[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Notices]
[Pages 57126-57127]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18013]
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DEPARTMENT OF HOMELAND SECURITY
[Docket Number 2023-0029]
Agency Information Collection Activities: Regulation on Agency
Protests; OMB No. 1600-0004
AGENCY: Department of Homeland Security (DHS).
ACTION: 60-Day notice and request for comments.
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SUMMARY: The Department of Homeland Security will submit the following
Information Collection Request (ICR) to the Office of Management and
Budget (OMB) for review and clearance in accordance with the Paperwork
Reduction Act of 1995.
DATES: Comments are encouraged and will be accepted until October 23,
2023. This process is conducted in accordance with 5 CFR 1320.1
ADDRESSES: You may submit comments, identified by docket number Docket
# DHS-2023-0029, at:
[cir] Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Please follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and docket number Docket # DHS-2023-0029. All comments received will be
posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>
SUPPLEMENTARY INFORMATION: In accordance with Federal regulations and
statutes, when protests are filed, the contracting officer will require
information/documentation such as detailed statements of legal and
factual grounds for the protests, copies of relevant documents,
solicitation or contract number, and requests for a ruling by the
agency. The Federal Acquisition Regulation (FAR) and 48 CFR chapter 1
provide general procedures on handling protests submitted by
contractors to Federal agencies. FAR part 33, Protests, Disputes and
Appeals, prescribes policies and procedures for filing protests and for
processing contract disputes and appeals. While the FAR prescribes the
procedures to be followed for protests to the agency, it allows
agencies to determine the method of receipt. DHS will utilize
electronic mediums (email or facsimile) for collection of information
and will not prescribe a format or require more information than what
is already required in the FAR. If DHS determines there is a need to
collect additional information outside of what is required in the FAR,
DHS will submit a request to the Office of Management and Budget (OMB)
for approval. The prior information collection request for OMB No.
1600-0004 was approved through November 30, 2024, by OMB in a Notice of
OMB Action. This justification supports a request for an extension of
the approval.
The information being collected will be obtained from contractors
as part of their submissions whenever they file a bid protest with DHS.
The information will be used by DHS officials in deciding how the
protest should be resolved. Failure to collect this information would
result in delayed resolution of protests. Agency protest information is
contained in each individual solicitation document, and provides the
specified contracting officer's name, email, and mailing address that
the contractors would use to submit its response. The FAR does not
specify the format in which the contractor should submit protest
information. However, most contractors use computers to prepare protest
materials and submit time sensitive responses electronically (email or
facsimile) to the specified Government point of contact. Since the
responses
[[Page 57127]]
must meet specific timeframes, a centralized mailbox or website would
not be a practical method of submission. Submission of protest
information through contracting officers' email or through facsimile
are the best methods to use to document receipt of protest information,
and are the methods most commonly used in the Government protest
process. This information collection may involve small business
contractors, depending on the particular transaction. The burden
applied to small businesses is minimal and consistent with the goals of
achieving timely resolution of agency protests. This information is
collected only when contractors choose to file a protest to the agency.
The information is requested from contractors so that the Government
will be able to evaluate protests effectively and provide prompt
resolution of issues in dispute when contractors file such claims.
DHS/ALL/PIA-006 General Contact Lists covers the basic contact
information that must be collected for DHS to address these protests.
The other information collected will typically pertain to the contract
itself, and not individuals. However, all information for this
information collection is submitted voluntarily. Technically, because
this information is not retrieved by personal identifier, no SORN is
required. However, DHS/ALL-021 DHS Contractors and Consultants provides
coverage for the collection of records on DHS contractors and
consultants, to include resume and qualifying employment information.
There is no assurance of confidentiality provided to the respondents.
The burden estimates provided in response to Item 12 above are
based upon the Department's findings in its FY 2022 Procurement Line of
Business, Operational Status Report. No program changes have occurred
or changes to the information being collected, however, the burden was
adjusted to reflect an agency adjustment increase of 33 respondents
within DHS for Fiscal Year 2022, as well as an increase in the average
hourly wage rate.
The Office of Management and Budget is particularly interested in
comments which:
1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
2. Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and clarity of the information to
be collected; and
4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submissions of responses.
Analysis
Agency: Department of Homeland Security (DHS).
Title: Regulation on Agency Protests.
OMB Number: 1600-0004.
Frequency: Annually.
Affected Public: Business or other for-profit/Individuals or
Households.
Number of Respondents: 126.
Estimated Time per Respondent: 2 hrs.
Total Burden Hours: 252.
Robert Dorr,
Acting Executive Director, Business Management Directorate.
[FR Doc. 2023-18013 Filed 8-21-23; 8:45 am]
BILLING CODE P
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