Information Collection; Implementation of Federal Acquisition Supply Chain Security Act (FASCSA) Orders
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Issuing agencies
Abstract
DoD, GSA, and NASA invite public comment on a proposed emergency information collection that will be submitted to the Office of Management and Budget (OMB) for clearance, pursuant to the Paperwork Reduction Act of 1995. Comments are invited on: whether the proposed collection of information is necessary for 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.
Full Text
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<title>Federal Register, Volume 88 Issue 200 (Wednesday, October 18, 2023)</title>
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[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Notices]
[Pages 71864-71865]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22940]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0205; Docket No. 2023-0053; Sequence No. 11]
Information Collection; Implementation of Federal Acquisition
Supply Chain Security Act (FASCSA) Orders
AGENCY: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Notice and request for comments.
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SUMMARY: DoD, GSA, and NASA invite public comment on a proposed
emergency information collection that will be submitted to the Office
of
[[Page 71865]]
Management and Budget (OMB) for clearance, pursuant to the Paperwork
Reduction Act of 1995. Comments are invited on: whether the proposed
collection of information is necessary for 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.
DATES: DoD, GSA, and NASA will consider all comments regarding this
emergency information collection received by November 17, 2023.
ADDRESSES: DoD, GSA, and NASA invite interested persons to submit
comments on this emergency information collection through <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions on the website. 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#b7f0e4f6e5d2d0e4d2d4f7d0c4d699d0d8c1"><span class="__cf_email__" data-cfemail="ce899d8f9caba99dabad8ea9bdafe0a9a1b8">[email protected]</span></a>.
Instructions: All items submitted must cite OMB Control No. 9000-
0205, Implementation of Federal Acquisition Supply Chain Security Act
(FASCSA) Orders. 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: Marissa Ryba, Procurement Analyst, at
telephone 314-586-1280, or <a href="/cdn-cgi/l/email-protection#573a36253e24243679252e35361730243679303821"><span class="__cf_email__" data-cfemail="b3ded2c1dac0c0d29dc1cad1d2f3d4c0d29dd4dcc5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This proposed emergency information
collection request contains:
A. OMB Control Number, Title, and Any Associated Form(s)
9000-0205, Implementation of Federal Acquisition Supply Chain Security
Act (FASCSA) Orders
B. Need and Uses
The DoD, GSA, and NASA provided notification of the applicability
of the Paperwork Reduction Act. Agency and public comments were
solicited through an interim rule under FAR Case 2020-011,
Implementation of FASCSA Orders. This clearance covers the information
that offerors/contractors must submit to comply with the following
interim Federal Acquisition Regulation (FAR) rule requirements:
a. FAR 52.204-29, Federal Acquisition Supply Chain Security Act
Orders--Representation and Disclosures. This provision prohibits
contractors from providing or using as part of the performance of the
contract any covered article, or any products or services produced or
provided by a source, if the covered article or the source is subject
to an applicable FASCSA order identified in the clause at FAR 52.204-
30(b)(1).
By submitting an offer, offerors are representing compliance with
the prohibition. If an offeror cannot represent compliance with the
prohibition, then the offeror must disclose the following information
in accordance with 52.204-29(e):
(1) Name of the product or service provided to the Government.
(2) Name of the covered article or source subject to a FASCA order.
(3) If applicable, name of the vendor, including the Commercial and
Government Entity code and unique entity identifier (if known), that
supplied the covered article or the product or service to the Offeror.
(4) Brand.
(5) Model number (original equipment manufacturer number,
manufacturer part number, or wholesaler number).
(6) Item description.
(7) Reason why the applicable covered article or the product or
service is being provided or used.
b. FAR 52.204-30, Federal Acquisition Supply Chain Security Act
Orders--Prohibition. This clause requires contractors to provide a
report to the Government within 3 business days if the contractor
identifies that the contractor or any-tier subcontractor, delivered or
used a covered article or product or service subject to a FASCSA order.
The report requires the following information:
(A) Contract number.
(B) Order number(s), if applicable.
(C) Name of the product or service provided to the Government or
used during performance of the contract.
(D) Name of the covered article or source subject to a FASCSA
order.
(E) If applicable, name of the vendor, including the Commercial and
Government Entity code and unique entity identifier (if known), that
supplied the covered article or the product or service to the
Contractor.
(F) Brand.
(G) Model number (original equipment manufacturer number,
manufacturer part number, or wholesaler number).
(H) Item description.
(I) Any readily available information about mitigation actions
undertaken or recommended.
The contractor must also submit additional information within 10
business days of submitting the first report identifying any further
available information about mitigation actions undertaken or
recommended. Additionally, the contractor shall describe the efforts it
undertook to prevent submission or use and any additional efforts to
prevent future submission or use of the covered article or the product
or service produced or provided by a source subject to an applicable
FASCSA order.
Information collected under the provision FAR 52.204-29 will be
used by the government to determine whether to seek a waiver from a
FASCSA order issued under the authority of the Federal Acquisition
Supply Chain Security Act of 2018.
Information collected under the clause at FAR 52.204-30 will
consist of reports from contractors who have identified, post-award,
that a covered article or product or service produced or provided by a
source subject to a FASCSA order was provided or used as part of the
performance of the contract to the Government during contract
performance.
C. Annual Burden
Respondents/Recordkeepers: 6,113.
Total Annual Responses: 1.
Total Burden Hours: 12,226.
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#a3e4f0e2f1c6c4f0c6c0e3c4d0c28dc4ccd5"><span class="__cf_email__" data-cfemail="5e190d1f0c3b390d3b3d1e392d3f70393128">[email protected]</span></a>. Please cite OMB
Control No. 9000-0205, Implementation of Federal Acquisition Supply
Chain Security Act (FASCSA) Orders.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Government-
wide Acquisition Policy, Office of Acquisition Policy, Office of
Government-wide Policy.
[FR Doc. 2023-22940 Filed 10-17-23; 8:45 am]
BILLING CODE 6820-EP-P
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