[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Notices]
[Pages 39457-39459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17021]


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DEPARTMENT OF HOMELAND SECURITY


Agency Information Collection Activities: Homeland Security 
Acquisition Regulation (HSAR) Solicitation of Proposal Information for 
Award of Public Contracts

AGENCY: Office of the Chief Procurement Officer, Department of Homeland 
Security (DHS).

ACTION: 30-Day notice and request for comments; extension of a 
currently approved collection, 1600-0005.

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SUMMARY: The DHS 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. The information collection is 
necessary for compliance with the HSAR and the Small Business 
Innovative Research (SBIR) and Small Business Technology Transfer 
(STTR) programs. DHS previously published this information collection 
request (ICR) in the Federal Register on Tuesday, March 13, 2018 for a 
60-day public comment period. 15 comment was received by DHS. The 
purpose of this notice is to allow an additional 30 days for public 
comments.

DATES: Comments are encouraged and will be accepted until September 10, 
2018. This process is conducted in accordance with 5 CFR 1320.1

ADDRESSES: Interested persons are invited to submit written comments on 
the proposed information collection to the Office of Information and 
Regulatory Affairs, OMB. Comments should be addressed to OMB Desk 
Officer, DHS and sent via electronic mail to 
<a href="/cdn-cgi/l/email-protection#4e2a263d2a2b3d25212828272d2b3c0e21232c602b213e60292138"><span class="__cf_email__" data-cfemail="dabeb2a9bebfa9b1b5bcbcb3b9bfa89ab5b7b8f4bfb5aaf4bdb5ac">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 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 HSAR, 48 CFR chapter 30, and the 
SBIR and STTR programs, 15 U.S.C. 628. The collections under the HSAR 
include:
    <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

[[Page 39458]]

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 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 broad 
agency announcements BAAs when soliciting 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. 
638g(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).
    The prior information collection request for OMB No. 1600-0005 was 
approved through June 30, 2018 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 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 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 common place 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.
    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

[[Page 39459]]

Privacy Impact Assessment (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 provided in response to Item 12 above are 
based upon definitive proposals reported by DHS and its Components to 
the Federal Procurement Data System (FPDS) for Fiscal Year 2016. 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 103,600 in the number of 
respondents within DHS for Fiscal Year 2016, as well as an increase in 
the average hourly wage rate. In addition, the average response per 
respondent went from 7 to 3.5 per response, a difference of 3.5 hours. 
The change is a result of the DHS Heads of Contracting Activities' 
reassessment of the response time required for each of the applicable 
clauses.
    This is an extension of a currently approved collection, 1600-0005. 
DHS previously published this ICR in the Federal Register on Tuesday, 
March 13, 2018 at 83 FR 10865 for a 60-day public comment period, and 
is soliciting public comment for another 30 days. OMB 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: Agency Information Collection Activities: Homeland Security 
Acquisition Regulation (HSAR) Solicitation of Proposal Information for 
Award of Public Contracts.
    OMB Number: 1600-0005.
    Frequency: Annually.
    Affected Public: Private and Public Sector.
    Number of Respondents: 117,212.
    Estimated Time per Respondent: 3.5 hours.
    Total Burden Hours: 1,230,726.

    Dated: July 16, 2018.
Melissa Bruce,
Executive Director, Enterprise Business Management Office.
[FR Doc. 2018-17021 Filed 8-8-18; 8:45 am]
 BILLING CODE 9110-9B-P


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