Agency Information Collection Activities: Homeland Security Acquisition Regulation (HSAR) Various Homeland Security Acquisitions Regulations, DHS Form 700-1, DHS Form 700-2, DHS Form 700-3, DHS Form 700-4, 73065-73066 [2020-25172]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 85, Number 221 (Monday, November 16, 2020)]
[Notices]
[Pages 73065-73066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25172]


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DEPARTMENT OF HOMELAND SECURITY

[Docket Number DHS-2020-0045]


Agency Information Collection Activities: Homeland Security 
Acquisition Regulation (HSAR) Various Homeland Security Acquisitions 
Regulations, DHS Form 700-1, DHS Form 700-2, DHS Form 700-3, DHS Form 
700-4

AGENCY: Department of Homeland Security (DHS).

ACTION: 60-Day notice and request for comments; Extension without 
change of a currently approved collection, 1600-0002.

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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 January 15, 
2021. This process is conducted in accordance with 5 CFR 1320.1.

ADDRESSES: You may submit comments, identified by docket number Docket 
#DHS-2020-0045, at:
    [cir] Federal eRulemaking Portal: https://www.regulations.gov. 
Please follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number Docket #DHS-2020-0045. All comments received will be 
posted without change to https://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to https://ww.regulations.gov.

SUPPLEMENTARY INFORMATION:  This information collection is associated 
with the forms listed below and is necessary to implement applicable 
parts of the HSAR (48 CFR Chapter 30). There are four forms under this 
collection of information request that are used by offerors, 
contractors, and the general public to comply with requirements in 
contracts awarded by the Department of Homeland Security (DHS). The 
information collected is used by contracting officers to ensure 
compliance with terms and conditions of DHS contracts.
    The forms are as follows:
    (1) DHS Form 700-1, Cumulative Claim and Reconciliation Statement 
(see (HSAR) 48 CFR 3004.804-507(a)(3)
    (2) DHS Form 700-2, Contractor's Assignment of Refund, Rebates, 
Credits and Other Amounts (see (HSAR) 48 CFR 3004.804-570(a)(2)
    (3) DHS Form 700-3, Contractor's Release (see (HSAR) 48 CFR 
3004.804-570(a)(1)
    (4) DHS Form 700-4, Employee Claim for Wage Restitution (see (HSAR) 
48 CFR 3022.406-9
    These forms will be prepared by individuals, contractors or 
contract employees during contract administration. The information 
collected includes the following:
     DHS Forms 700-1, 700-2 and 700-3: Prepared by individuals, 
contractors or contractor employees prior to contract closure to 
determine whether there are excess funds that are available for 
deobligation versus remaining (payable) funds on contracts; assignment 
or transfer of rights, title, and interest to the Government; and 
release from liability. The contracting officer obtains the forms from 
the

[[Page 73066]]

contractor for closeout, as applicable. Forms 700-1 and 02 are mainly 
used for calculating costs related to the closeout of cost-
reimbursement, time-and-materials, and labor-hour contracts; and, Form 
700-3 is mainly used for calculating costs related to the closeout of 
cost-reimbursement, time-and-materials, and labor-hour contracts but 
can be used for all contract types.
     DHS Form 700-4 is prepared by contractor employees making 
claims for unpaid wages. Contracting officers must obtain this form 
from employees seeking restitution under contracts to provide to the 
Comptroller General. This form is applicable to all contract types, 
both opened and closed.
    The prior information collection request for OMB No. 1600-0002 was 
approved through November 30, 2021 by OMB in a Notice of OMB Action. 
This justification supports a request for an extension of the approval.
    The purpose of the information collected is to ensure proper 
closing of physically complete contracts. The information will be used 
by DHS contracting officers to ensure compliance with terms and 
conditions of DHS contracts and to complete reports required by other 
Federal agencies such as the General Services Administration and the 
Department of Labor (DOL). If this information is not collected, DHS 
could inadvertently violate statutory or regulatory requirements and 
DHS's interests concerning inventions and contractors' claims would not 
be protected.
    The four DHS forms are available on the DHS Homepage (https://www.dhs.gov/acquisition-policy). These forms can be filled in 
electronically and submitted via email or facsimile to the specified 
Government point of contact. Since the responses must meet specific 
timeframes, a centralized mailbox or website would not be an 
expeditious or practical method of submission. The use of email or 
facsimile is the best solution and is most commonly used in the 
Government. The information requested by these forms is required by the 
HSAR. The forms are prescribed for use in the closeout of applicable 
contracts and during contract administration.
    Information collection may or may not involve small business 
contractors. The burden applied to small business is the minimum 
consistent with the goals of ensuring responsiveness to Government 
requirements. To reduce burden on small businesses and other small 
entities, the HSAR is continuously reviewed to determine whether the 
requirements remain valid.
     DHS Form 700-1, Cumulative Claim and Reconciliation 
Statement: Less frequent incidence of collecting such information would 
result in inadequate closeout data. The office administering the 
contract would not have the necessary information to (1) determine 
settlement of indirect costs; and (2) adequately closeout cost-
reimbursement, time-and-materials, and labor-hour contracts.
    There are FAR and HSAR clauses that require protection of rights in 
data and proprietary information if requested and designated by an 
offeror or contractor. Additionally, disclosure or non-disclosure of 
information is handled in accordance with the Freedom of Information 
Act. There is no assurance of confidentiality provided to the 
respondents.
    No PIA is required as the information is collected from DHS 
personnel (contractors only). Although, the DHS/ALL/PIA-006 General 
Contacts lists PIA does provided basic coverage. And technically, 
because this information is not retrieved by personal identifier, no 
SORN is required. However, DHS/ALL-021 DHS Contractors and Consultants 
provides coverage for the collection of records on DHS contractors and 
consultants, to include resume and qualifying employment information.
    The burden estimates provided are based upon contracts reported by 
DHS and its Components to the FPDS for Fiscal Year 2019. No program 
changes occurred and there were no changes to the information being 
collected. However, the burden was adjusted to reflect an agency 
adjustment decrease of 22,225 in the number of respondents within DHS 
for Fiscal Year 2019, and 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: Agency Information Collection Activities: Homeland Security 
Acquisition Regulation (HSAR) Various Homeland Security Acquisitions 
Regulations.
    OMB Number: 1600-0002.
    Frequency: On Occasion.
    Affected Public: Private Sector.
    Number of Respondents: 34013.
    Estimated Time per Respondent: 1 Hour.
    Total Burden Hours: 34013.

Robert Dorr,
Executive Director, Business Management Directorate.
[FR Doc. 2020-25172 Filed 11-13-20; 8:45 am]
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