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[Federal Register Volume 76, Number 233 (Monday, December 5, 2011)]
[Notices]
[Pages 75890-75892]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31062]

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DEPARTMENT OF HOMELAND SECURITY

Agency Information Collection Activities: Solicitation of 
Proposal Information for Award of Public Contracts

AGENCY: Office of the Chief Procurement Officer, DHS.

ACTION: 30-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, Office of the Chief 
Procurement Officer, 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 
(P.L. 104-13, 44 U.S.C. Chapter 35). DHS previously published this 
information collection request (ICR) in the Federal Register on August 
31, 2011 at 76 FR 54243, for a 60-day public comment period. No 
comments were received by DHS. The purpose of this notice is to allow 
additional 30-days for public comments.

DATES: Comments are encouraged and will be accepted until January 4, 
2012. This process is conducted in accordance with 5 CFR 1320.10.

ADDRESSES: Interested persons are invited to submit written comments on 
the proposed information collection to the Office of Information and 
Regulatory Affairs, Office of Management and Budget. Comments should be 
addressed to OMB Desk Officer, Department of Homeland Security and sent 
via electronic mail to oira_submission@omb.eop.gov or faxed to (202) 
395-5806.
    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.

FOR FURTHER INFORMATION CONTACT: If additional information is required 
contact: The Department of Homeland Security (DHS), Office of Chief 
Procurement Officer, Acquisition Policy and Legislation Office, DHS 
Attn.: Camara Francis, Department of Homeland Security, Office of the 
Chief

[[Page 75891]]

Procurement Officer, Room 3114, Washington, DC 20528, 
Camara.Francis@hq.dhs.gov, (202) 447-5904.

SUPPLEMENTARY INFORMATION: The Department of Homeland Security (DHS) 
and the Office of the Chief Procurement Officer (OCPO) collect 
information when inviting firms to submit bids, proposals, and offers 
for public contracts for supplies and services. The information 
collection is necessary for compliance with the Federal Acquisition 
Regulation (FAR); 48 CFR Chapter 1, the Federal Property and 
Administrative Services Act (Division C of Title 41), under the Small 
Business Innovative Research (SBIR) and Small Business Technology 
Transfer (STTR) programs 15 U.S.C. 628.
    For solicitations to contract made through a variety of means, 
whether conducted orally or in writing, contracting officers normally 
request information from prospective offerors such as pricing 
information, delivery schedule compliance, and whether the offeror has 
the resources (both human and financial) to accomplish requirements. 
Examples of the kinds of information collected can be found in the FAR 
at FAR 13.106-1, 13.106-3, 13.302-1, -3, -5, subpart 13.5, subpart 
14.2, subpart 15.2, subpart 6.1, and subpart 35.
    Examples where collections of information occur in soliciting for 
supplies/services include the issuance of draft Requests for Proposal 
(RFP), Requests for Information (RFI), and Broad Agency Announcements 
(BAA). The Government generally issues an RFP using the uniform 
contract format (FAR 15.204-1) with the intent of awarding a contract 
to one or more prospective offerors. The RFP can require those 
interested in making an offer to provide information in the following 
areas: schedule (FAR 15.204-2); contract clauses (FAR 15.204-3); list 
of documents, exhibits and other attachments (FAR 15.204-4) or 
representations and instructions (15.204-5).
    FAR 15.201(e) authorizes agencies to issue RFIs when an agency 
``does not presently intend to award a contract, but wants to obtain 
price, delivery, other market information, or capabilities for planning 
purposes''. RFIs solicit responses from the public. Similarly, FAR 
35.106 authorizes Federal agencies to use BAAs to ``fulfill their 
requirements for scientific study and experimentation directed toward 
advancing the state-of-the-art or increasing knowledge or understanding 
rather than focusing on a specific system or hardware solution.''
    The DHS Science and Technology (S&T) Directorate issues BAAs 
soliciting white papers and proposals from the public. DHS S&T 
evaluates white papers and proposals received from the public 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). White paper evaluation determines those research ideas 
that merit submission of a full proposal and proposal evaluation 
determines those proposals that merit selection for contract award. 
Unclassified white papers and proposals are typically collected via the 
DHS S&T BAA secure Web site, 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: (1) Meet their 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)Meet 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) Meet requirements for public outreach under 15 U.S.C. 
638 (j)(2)(F), (o)(14), and (s).
    DHS is not asking for anything outside of what is already required 
in the FAR. Should anything outside the FAR arise, DHS will submit a 
request for Office of Management and Budget (OMB) approval. The prior 
information collect request for OMB No. 1600-005 was approved through 
October 31, 2011 by OMB in a Notice of OMB Action.
    The information being collected is used by the Government's 
contracting officers and other acquisition personnel, including 
technical and legal staffs to determine adequacy of technical and 
management approach, experience, responsibility, responsiveness, 
expertise of the firms submitting offers, identification of members of 
the public (i.e., small businesses) who qualify for, and are interested 
in participating in, the DHS SBIR Program, facilitate SBIR outreach to 
the public, and provide the DHS SBIR Program Office necessary and 
sufficient information to determine that proposals submitted by the 
public to the DHS SBIR Program meet 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, emails, and, in some cases, web portals 
to facilitate preparation of material to be submitted and to post and 
collect information. It is common place within many of DHS's Components 
for submissions to be electronic as a result of implementation of e-
Government initiatives.
    DHS S&T uses information technology (i.e., electronic web portals) 
in the collection of information to reduce the data gathering and 
records management burden. DHS S&T uses a secure Web site which the 
public can 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.
    According to Federal Procurement Data System (FPDS) and Federal 
Business Opportunities (FedBizOpps), the number of competitive 
solicitations and award actions has increased each over the past three 
years, thereby increasing the universe of possible respondents to DHS 
and its Components' solicitations. However, an increase in the 
information collection burden associated with the gathering of 
additional information to support the evaluation of solicitation 
responses has been offset, by the use of electronic web portals, such 
as CCR, FAPIIS, those used

[[Page 75892]]

to submit SBIR research topics and submit response to DHS SBIR 
solicitations. Additionally, electronic web portals are used to collect 
unclassified white papers and proposals to reduce the data gathering 
and records management burden for BAAs.
    In addition to issuance of solicitations over the Internet or 
electronic systems; increased use of oral presentations in lieu of 
written proposals, permitted under FAR 15.102; and increased use of 
combined contract action notices/requests for proposals, as encouraged 
by FAR 12.603, are contributing to the relative stability of DHS's 
information collection burden to the public. There is no change in the 
information being collected.
    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: Office of the Chief Procurement Officer, 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: 17,180.
    Estimated Time per Respondent: 13 hours.
    Total Burden Hours: 721,560.

    Dated: November 28, 2011.
Margaret H. Graves,
Deputy Chief Information Officer.
[FR Doc. 2011-31062 Filed 12-2-11; 8:45 am]
BILLING CODE 9110-9B-P
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