Notice2025-09509
Agency Information Collection Activities: Solicitation of Proposal Information for Award of Public Contracts, 700-24, 700-25
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
May 28, 2025
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 90 Issue 101 (Wednesday, May 28, 2025)</title>
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[Federal Register Volume 90, Number 101 (Wednesday, May 28, 2025)]
[Notices]
[Pages 22505-22507]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09509]
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DEPARTMENT OF HOMELAND SECURITY
[Docket Number--2025-0020]
Agency Information Collection Activities: Solicitation of
Proposal Information for Award of Public Contracts, 700-24, 700-25
AGENCY: Department of Homeland Security (DHS).
ACTION: 60-Day Notice and request for comments; extension without
change of a currently approved collection, 1600-0005.
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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 July 28,
2025. This process is conducted in accordance with 5 CFR 1320.1.
ADDRESSES: You may submit comments, identified by docket number Docket
# 2020-0048, at:
[cir] Federal rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Please follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and docket number Docket #2020-0048. All comments received will be
posted without change to <a href="https://www.regulations.gov">https://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="https://www.regulations.gov">https://www.regulations.gov</a>.
SUPPLEMENTARY INFORMATION: The Department of Homeland Security (DHS)
collects information, when necessary, when inviting firms to submit
bids, proposals, and offers for public contracts for supplies and
service. Using solicitation methods such as Requests for Proposals
(RFP), Requests for Information (RFI), and Broad Agency Announcements
(BAA), the Government requests information from prospective offerors
such as pricing information, delivery schedule compliance, and evidence
that the offeror has the resources (both human and financial) to
accomplish requirements. The information collection is necessary for
compliance with the Homeland Security Acquisition Regulation (HSAR), 48
CFR Chapter 30, and the Small Business Innovative Research (SBIR) and
Small Business Technology Transfer (STTR) programs, 15 U.S.C. 628.
The prior information collection request for OMB No. 1600-0005 was
approved through November 30, 2021, and includes the following:
<bullet> 3052.209-70 Prohibition on Contracts with Corporate
Expatriates (Required in all solicitations and contracts) The offeror
must disclose whether it is a foreign incorporated entity that should
be treated as an inverted domestic corporation.
<bullet> 3052.209-71 Reserve Officer Training Corps and Military
Recruiting on Campus (Required in all solicitations and contracts with
institutions of higher education) Requires that the Contractor
represent that it does not now have, and agrees that during performance
of the contract that it will not adopt, any policy or practice
described in paragraph (b) of the clause.
<bullet> 3052.209-72 Organizational Conflict of Interest,
paragraphs (c), (d) and (e), (Required in all solicitations and
contracts where a potential organizational conflict of interest exists
and mitigation may be possible) The offeror must disclose whether it is
aware of any facts which create any actual or potential organizational
conflicts of interest; and, provide information as required by the
Government and a mitigation plan relating to the conflict, if
applicable.
<bullet> 3052.209-74 Limitations on Contractors Acting as Lead
System Integrators (Required in solicitations for
[[Page 22506]]
the acquisition of a major system when the acquisition strategy
envisions the use of a lead system integrator) The offeror must
disclose whether it proposes to perform this contract as a lead system
integrator with system responsibility, and whether it has a direct
financial interest in the system that is the subject of the
solicitation; and, provide evidence, as needed.
<bullet> 3052.209-76 Prohibition on Federal Protective Service
(FPS) Guard Services Contracts with Business Concerns Owned,
Controlled, or Operated by an Individual Convicted of a Felony,
paragraphs (a) through (g), (Required in in all solicitations and
contracts for FPS guard services) The offeror must disclose whether it
is owned, operated or controlled by an individual convicted of any
felony. A business concern owned, operated or controlled by an
individual convicted of any felony may submit an award request to the
Government. The request must include information that is considered
personally identifiable information, and any additional information the
Government deems necessary.
<bullet> 3052.215-70 Key Personnel and Facilities (Required in
solicitations and contracts when the selection for award is
substantially based on the offeror's possession of special capabilities
regarding personnel or facilities) Before removing or replacing any of
the specified individuals or facilities, the offeror must notify the
Government, in writing, before the change becomes effective.
<bullet> 3052.219-72 Evaluation of Prime Contractor Participation
in the DHS Mentor-Prot[eacute]g[eacute] Program (Required in all
solicitations containing (HSAR) 48 CFR 3052.219-71, DHS Mentor-
Prot[eacute]g[eacute] Program and (FAR) 48 CFR 52.219-9 Small Business
Subcontracting Plan) The offeror must provide a signed letter of
mentor-prot[eacute]g[eacute] agreement, if it wishes to receive credit
under the source selection factor.
<bullet> 3052.247-70 F.o.b. Origin Information (Required in
solicitations as appropriate) The offeror must provide information
related to the offeror's shipping point.
The DHS Science and Technology (S&T) Directorate issues BAAs
soliciting when white papers and proposals from the public. DHS S&T
evaluates white papers and proposals received in response to a DHS S&T
BAA using the evaluation criteria specified in the BAA through a peer
or scientific review process in accordance with FAR 35.016(d).
Unclassified white papers and proposals are typically collected via the
DHS S&T BAA secure website, while classified white papers and proposals
must be submitted via proper classified courier or proper classified
mailing procedures as described in the National Industrial Security
Program Operating Manual (NSPOM).
Federal agencies with an annual extramural research and development
(R&D) budget exceeding $100 million are required to participate in the
SBIR Program. Similarly, Federal agencies with an extramural R&D budget
exceeding $1 billion are required to participate in the STTR Program.
Federal agencies who participate in the SBIR and STTR programs must
collect information from the public to meet:
(1) Applicable reporting requirements under 15 U.S.C. 638 (b)(7),
(g)(8), (i), (j)(1)(E), (j)(3)(C), (l), (o)(10), and (v);
(2) The requirement to maintain both a publicly accessible database
of SBIR/STTR award information and a government database of SBIR/STTR
award information for SBIR and STTR program evaluation under 15 U.S.C.
638 g(10, (k), (o) (9), and (o)(15); and
(3) Requirements for public outreach under 15 U.S.C. 638 (j)(2)(F),
(o)(14), and (s).
DHS is seeking to renew this collection, and revise it to add, for
purposes of entering into other transaction agreements pursuant to 6
U.S.C. 391, 6 U.S.C. 596(1), and 49 U.S.C. 106(l)(6), Form 700-24,
Other Transaction Agreement Solicitation, and Form 700-25, Other
Transaction Agreement Solicitation Amendment. On the forms, respondents
submit an Employer Identification Number, as well as the business'
name, address and title. Respondents must also identify the authorized
business representative's personal name and must include a signature.
The information being collected is used by the Government's
contracting officers and other acquisition personnel, including
technical and legal staff to determine the adequacy of technical and
management approach, experience, responsibility, responsiveness, and
expertise of the firms submitting offers; the identification of members
of the public (i.e., small businesses) who qualify for and are
interested in participating in the DHS SBIR Program; and, provide the
DHS SBIR Program Office necessary and sufficient information to
determine whether proposals submitted by the public to the DHS SBIR
Program meet the criteria for consideration under the program.
Failure to collect this information would adversely affect the
quality of products and services DHS receives from contractors.
Potentially, contracts would be awarded to firms without sufficient
experience and expertise, thereby placing the Department's operations
in jeopardy. Defective and inadequate contractor deliverables would
adversely affect DHS's fulfillment of the mission requirements in all
areas. Additionally, the Department would be unsuccessful in
identifying small businesses with research and development (R&D)
capabilities, which would adversely affect the mission requirements in
this area.
Many sources of the requested information use automated word
processing systems, databases, and web portals to facilitate
preparation of material to be submitted and to post and collect
information. It is commonplace within many of DHS's Components for
submissions to be electronic as a result of implementation of e-
Government initiatives.
Information technology (i.e., electronic web portal) is used in the
collection of information to reduce the data gathering and records
management burden. DHS uses a secure website the public can use to
propose SBIR research topics and submit proposals in response to SBIR
solicitations. In addition, DHS uses a web portal to review RFIs and
register to submit a white paper or proposal in response to a specific
BAA. The data collection forms standardize the collection of
information that is necessary and sufficient for the DHS SBIR Program
Office to meet its requirements under 15 U.S.C. 638.
This information collection required by the HSAR and the SBIR and
STTR programs may or may not involve small business contractors,
depending on the particular transaction. The burden applied to small
businesses has been reduced to the least burdensome commensurate with
the DHS need for the information. In certain cases, information
collection is done via a secure website which is intended to minimize
burden for businesses (including small businesses) and other for-profit
entities, and not-for-profit institutions. Small businesses and other
small entities will be able to enter identifying information and
subsequently update rather than resubmit the information via the
internet.
Less frequent incidence of collecting such information as offerors'
technical approach, management approach, experience statements, and
resumes indicating level of expertise would negatively affect the
quality of products and services DHS received from contractors.
Potentially, contracts would be awarded to firms without sufficient
experience and expertise, thereby
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placing the Department's operations in jeopardy.
Additionally, DHS collects information that is both necessary and
sufficient to comply with 15 U.S.C. 638 and receive white papers and
proposals from the public in response to BAAs. Failure to allow the
public to submit information would diminish the ability of the DHS SBIR
Program Office to meet its obligation for outreach as required by 15
U.S.C. 638, evaluate white papers and proposals in accordance with the
criteria in the BAA and provide the respondents with the results of the
evaluation.
DHS/ALL/PIA-006 General Contact Lists dated June 15, 2007 covers
the basic contact information that must be collected for DHS. Other
information collected will typically pertain to the contract itself,
and not individuals. All information for this information collection is
submitted voluntarily. However, sensitive information (e.g., felony
conviction information) may also be collected through this information
collection. Due to this sensitivity, and the sensitivities regarding
the procurement process as a whole, a new PIA is required to document
and identify any potential risks associated with collecting this
information.
There is no assurance of confidentiality provided to the
respondents.
The burden estimates are based upon definitive proposals reported
by DHS and its Components to the Federal Procurement Data System (FPDS)
for FY 2019, and, for the forms, data reported by contracting
activities related to single source DHS other transaction awards and
modifications issued in FY 2019. No program changes occurred and there
have been no changes to the information being collected. However, the
burden was adjusted to reflect an agency adjustment increase of 13,206
in the number of respondents within DHS for FY 2019, to include the
number of respondents added as a result of the new forms, 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: Solicitation of Proposal Information for Award of Public
Contracts.
OMB Number: 1600-0005.
Frequency: On occasion.
Affected Public: Private Sector.
Number of Respondents: 130,418.
Estimated Time per Respondent: 1.8.
Total Burden Hours: 1,358,512.
Kalinka Cihlar,
Deputy Executive Director, Business Management Directorate.
[FR Doc. 2025-09509 Filed 5-27-25; 8:45 am]
BILLING CODE 9112-FL-P
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</html>Indexed from Federal Register on May 28, 2025.
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