Agency Information Collection Activities: Homeland Security Acquisition Regulation (HSAR) Post-Award Contract Information, 11809-11811 [2019-05967]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 84, Number 60 (Thursday, March 28, 2019)]
[Notices]
[Pages 11809-11811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05967]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY


Agency Information Collection Activities: Homeland Security 
Acquisition Regulation (HSAR) Post-Award Contract Information

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

ACTION: 30-Day notice and request for comments; Extension of a 
currently approved collection, 1600-0003.

-----------------------------------------------------------------------

SUMMARY: The DHS OCPO 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 requested is used by the Government's contracting 
officers and other acquisition personnel, including technical and legal 
staff, for various reasons such as determining the suitability of 
contractor personnel accessing DHS facilities; to ensure no 
organizational conflicts of interest exist during the performance of 
contracts; to ensure the contractor maintains applicable licenses and 
permits for the removal and disposal of hazardous materials; and to 
otherwise ensure firms are performing in the Government's best 
interest. DHS previously published this ICR in the Federal Register on 
Wednesday, April 4, 2018 for a 60-day public comment period. No 
comments were 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 April 29, 
2019. 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, Office of Management and Budget. Comments should be 
addressed to OMB Desk Officer, Department of Homeland Security and sent 
via electronic mail to [email protected].

SUPPLEMENTARY INFORMATION: DHS collects information, when necessary, in 
administering public contracts for supplies and services. The 
information is used to determine compliance with contract terms placed 
in the contract as authorized by the Federal Property and 
Administrative Services Act (41 U.S.C. 251 et seq.), the Federal 
Acquisition Regulation (FAR) (48 CFR Chapter 1), and the HSAR (48 CFR 
Chapter 30). Respondents submit information based on the terms of the 
contract; the instructions in the contract deliverables mandatory 
reporting requirements; and correspondence from acquisition personnel 
requesting post-award contract information. The least active contracts 
and the simplest contracts will have little to no data to report. The 
most active and complex contracts, however, will contain more reporting 
requirements. DHS believes that some of this information is already 
readily available as part of a company's business processes and that 
the largest businesses use computers to compile the data. However, a 
significant amount of time is spent correlating information to specific 
contract actions and gathering information for more complex contract 
actions.
    The prior information collection request for OMB No. 1600-0003 was 
approved through February 28, 2019 by OMB. The purpose of this ICR is 
to identify the additional clauses that fall under for OMB No. 1600-
0003. The collections under the HSAR are as follows:
     3052.204-70 Security requirements for unclassified 
information technology resources. (Required in all solicitations and 
contracts that require submission of an IT Security Plan.) This clause 
applies to all contractor systems connected to a DHS network and those 
contracts where the Contractor must have physical or

[[Page 11810]]

electronic access to sensitive information contained in DHS 
unclassified systems. The contractor is asked to prepare, provide and 
maintain an IT Security Plan.
     3052.204-71 Contractor employee access. (Required when 
contractor employees require recurring access to Government facilities 
or access to sensitive info.) Contractors may be subject to background 
investigations and will have to provide information as required by the 
DHS Security Office. The information requested is in addition to the 
information requested through Standard Form (SF) 86.
     3052.205-70 Advertisements, Publicizing Awards, and 
Releases. (Required for all contracts exceeding Simplified Acquisition 
Threshold.) Contractors may have to provide copies of information 
related to advertisements and release statements to receive approval 
for publication.
     3052.209-72 Organizational Conflict of Interest, 
paragraphs (f) and (g) (Included in solicitations and contracts where a 
potential organizational conflict of interest exists and mitigation may 
be possible.) Contractors will have to provide information related to 
actual or potential conflicts of interest and a mitigation plan.
     3052.209-75 Prohibited Financial Interests for Lead System 
Integrators. (Required in solicitations and contracts for the 
acquisition of a major system when the acquisition strategy envisions 
the use of a lead system integrator or when the contractor will be the 
lead system integrator.) Contractors will have to provide information 
related to changes in financial interests.
     3052.209-76 Prohibition on Federal Protective Service 
Guard Services Contracts with Business Concerns Owned, Controlled, or 
Operated by an Individual Convicted of a Felony, paragraph (h). 
(Section 2 of the Federal Protective Service Guard Contracting Reform 
Act of 2008, Pub. L. 110-356, generally prohibits DHS from entering 
into a contract for guard services under the Federal Protective Service 
(FPS) guard services program with any business concern owned, 
controlled, or operated by an individual convicted of a serious 
felony.) The notification required by paragraph (h) applies to any 
contractual instrument that may result in the issuance of task orders. 
Contractors will have to provide information on any felony conviction 
of personnel who own, control or operate a business during the 
performance a contract.
     3052.215-70 Key personnel or 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.) Contractors will have to provide 
notice of and documentation related to changes in key personnel for 
evaluation, including, resumes; description of the duties the 
replacement will assume; description of any change in duties and 
confirmation that such change will not negatively impact contract 
performance.
     3052.216-71 Determination of Award Fee. (Required in 
solicitations and contracts that include an award fee.) Contractor may 
submit a performance self-evaluation for each evaluation period.
     3052.217-91 Performance (U.S. Coast Guard (USCG)). 
(Required in sealed bid fixed-price solicitations and contracts for 
vessel repair, alteration, or conversion which are to be performed 
within the United States, its possessions, or Puerto Rico. Also 
required in negotiated solicitations and contracts to be performed 
outside the United States.) Contractor must request prior approval to 
conduct dock and sea trials.
     3052.217-92 Inspection and Manner of Doing Work (USCG). 
(Required in sealed bid fixed-price solicitations and contracts for 
vessel repair, alteration, or conversion which are to be performed 
within the United States, its possessions, or Puerto Rico. Also 
required in negotiated solicitations and contracts to be performed 
outside the United States.) Contractor must maintain complete records 
of all inspection work and shall make them available to the Government 
during performance of the contract and for 90 days after the completion 
of all work required.
     3052.217-95 Liability and Insurance (USCG). (Required in 
sealed bid fixed-price solicitations and contracts for vessel repair, 
alteration, or conversion which are to be performed within the United 
States, its possessions, or Puerto Rico. Also required in negotiated 
solicitations and contracts to be performed outside the United States.) 
Contractor shall provide evidence of the insurance and give the 
Contracting Officer written notice after the occurrence of a loss or 
damage for which the Government has assumed the risk. If any loss or 
damage will result in a claim against the Government, the contractor 
shall provide notice.
     3052.219-70 Small Business subcontracting plan reporting. 
(Generally included in solicitations and contracts that offer 
subcontracting possibilities and are expected to exceed $700,000.) 
Contractors must use Electronic Subcontracting Reporting System (eSRS) 
to submit subcontracting reporting data.
     3052.219-71 DHS Mentor-Prot[eacute]g[eacute] Program. 
(Included in solicitations where subcontracting plans are anticipated) 
The amount of credit given to a contractor mentor firm for 
prot[eacute]g[eacute] developmental assistance costs must be calculated 
on a dollar for dollar basis and reported in the Summary Subcontract 
Report via the Electronic Subcontracting Reporting System (eSRS) at 
www.esrs.gov.
     3052.222-70 Strikes or Picketing Affecting Timely 
Completion of the Contract Work. (Generally included in solicitations 
and contracts.) Contractor must take all reasonable and appropriate 
action to end a strike or picketing. Delay caused by a strike or by 
picketing which constitutes an unfair labor practice is not excusable 
unless the Contractor takes all reasonable and appropriate action to 
end such a strike or picketing, such as the filing of a charge with the 
National Labor Relations Board, the use of other available Government 
procedures, and the use of private boards or organizations for the 
settlement of disputes. The contractor may be required to submit 
information to the contracting officer.
     3052.222-71 Strikes or Picketing Affecting Access to a DHS 
Facility. (Generally included in solicitations and contracts.) 
Contractor is responsible if strike or picketing is directed at the 
Contractor and impedes access by any person to a DHS facility. 
Contractor must take all reasonable and appropriate action to end a 
strike or picketing. The contractor may be required to submit 
information to the contracting officer.
     3052.223-70 Removal or disposal of hazardous substances--
applicable licenses and permits. (Required in solicitations and 
contracts involving the removal or disposal of hazardous waste 
material.) Contractors will have to provide evidence of licenses and 
permits to perform hazardous substance removal.
     3052.223-90 Accident and Fire Reporting (USCG). (Included 
in solicitations and contracts involving the removal of hazardous waste 
material.) Contractor must report incidents involving fire or accidents 
at a worksite. Contractors may provide this information using a state, 
private insurance carrier, or Contractor accident report form.
     3052.228-91 Loss of or Damage to Leased Aircraft (USCG). 
(Included in any contract for the lease of an aircraft.) In the event 
of loss of or damage to an aircraft, the Government shall be subrogated 
to all rights of recovery by

[[Page 11811]]

the Contractor against third parties for such loss or damage and the 
Contractor must promptly assign such rights in writing to the 
Government.
     3052.228-93 Risk and Indemnities (USCG). (Included in any 
contract for the lease of an aircraft.) Requires the contractor to 
provide the Government with evidence of insurance.
     3052.235.70 Dissemination of Information-Educational 
Institutions. (Included in contracts with educational institutions for 
research that are not sensitive or classified.) Contractors must 
provide advanced electronic copies of articles to the Government 
covering the results of research it plans to publish.
    The information requested is used by the Government's contracting 
officers and other acquisition personnel, including technical and legal 
staff, for various reasons such as determining the suitability of 
contractor personnel accessing DHS facilities; to ensure no 
organizational conflicts of interest exist during the performance of 
contracts; to ensure the contractor maintains applicable licenses and 
permits for the removal and disposal of hazardous materials; and to 
otherwise ensure firms are performing in the Government's best 
interest. Failure to collect this information would adversely affect 
the quality of products and services DHS receives from contractors. For 
example, potentially, contractors who are lead system integrators could 
acquire direct financial interests in major systems the contractors are 
contracted to procure, which would compromise the integrity of 
acquisitions for the Department. In addition, contractors who own, 
control or operate a business providing protective guard services could 
possess felony convictions during the performance of contracts, putting 
the Department at risk. Furthermore, contractors could change key 
personnel during the performance of contracts and use less experienced 
or less qualified personnel to reduce costs, which would adversely 
affect DHS's fulfillment of its mission requirements.
    Many sources of the requested information use automated word 
processing systems, databases, spreadsheets, project management and 
other commercial software to facilitate preparation of material to be 
submitted. With Government-wide implementation of e-Government 
initiatives, it is commonplace within many of DHS's Components for 
submissions to be electronic.
    Disclosure/non-disclosure of information is handled in accordance 
with the Freedom of Information Act (FOIA), other disclosure statutes, 
and Federal and agency acquisition regulations.
    The burden estimates are based upon definitive contract award data 
reported by DHS and its Components to the Federal Procurement Data 
System (FPDS) for Fiscal Year 2016. No program changes occurred, 
however the burden was adjusted to reflect an increase in the number of 
respondents within DHS for Fiscal Year 2016, as well as an increase in 
the average hourly wage rate. The decrease in the previously reported 
average burden per response (from 14 hours to 6.2 hours) is as a result 
of the addition of clauses to the burden hour analysis with relatively 
low burden hours.
    This is an extension of a currently approved collection, 1600-0003. 
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) Post-Award Contract Information.
    OMB Number: 1600-0003.
    Frequency: On Occasion.
    Affected Public: Individuals or Households.
    Number of Respondents: 12,627.
    Estimated Time per Respondent: 6.2 hours.
    Total Burden Hours: 234,862.

    Dated: March 19, 2019.
Scott Ewalt,
Acting Executive Director, Enterprise Business Management Office.
[FR Doc. 2019-05967 Filed 3-27-19; 8:45 am]
BILLING CODE 9110-9B-P