Agency Information Collection Activities: Regulation on Agency Protests; OMB No. 1600-0004, 74502-74503 [2023-23939]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 88, Number 209 (Tuesday, October 31, 2023)]
[Notices]
[Pages 74502-74503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23939]


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DEPARTMENT OF HOMELAND SECURITY


Agency Information Collection Activities: Regulation on Agency 
Protests; OMB No. 1600-0004

AGENCY: Department of Homeland Security (DHS).

ACTION: 30-Day notice and request for comments OMB No. 1600-0004.

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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. DHS previously published this information 
collection request (ICR) in the Federal Register on August 22, 2023, 
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 November 30, 
2023. This process is conducted in accordance with 5 CFR 1320.1

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    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.

SUPPLEMENTARY INFORMATION: In accordance with Federal regulations and 
statutes, when protests are filed, the contracting officer will require 
information/documentation such as detailed statements of legal and 
factual grounds for the protests, copies of relevant documents, 
solicitation or contract number, and requests for a ruling by the 
agency. The Federal Acquisition Regulation (FAR) and 48 CFR chapter 1 
provide general procedures on handling protests submitted by 
contractors to Federal agencies. FAR part 33, Protests, Disputes and 
Appeals, prescribes policies and procedures for filing protests and for 
processing contract disputes and appeals. While the FAR prescribes the 
procedures to be followed for protests to the agency, it allows 
agencies to determine the method of receipt. DHS will utilize 
electronic mediums (email or facsimile) for collection of information 
and will not prescribe a format or require more information than what 
is already required in the FAR. If DHS determines there is a need to 
collect additional information outside of what is required in the FAR, 
DHS will submit a request to the Office of Management and Budget (OMB) 
for approval. The prior information collection request for OMB No. 
1600-0004 was approved through November 30, 2024, by OMB in a Notice of 
OMB Action. This justification supports a request for an extension of 
the approval.
    The information being collected will be obtained from contractors 
as part of their submissions whenever they file a bid protest with DHS. 
The information will be used by DHS officials in deciding how the 
protest should be resolved. Failure to collect this information would 
result in delayed resolution of protests. Agency protest information is 
contained in each individual solicitation document, and provides the 
specified contracting officer's name, email, and mailing address that 
the contractors would use to submit its response. The FAR does not 
specify the format in which the contractor should submit protest 
information. However, most contractors use computers to prepare protest 
materials and submit time sensitive responses electronically (email or 
facsimile) to the specified Government point of contact. Since the 
responses must meet specific timeframes, a

[[Page 74503]]

centralized mailbox or website would not be a practical method of 
submission. Submission of protest information through contracting 
officers' email or through facsimile are the best methods to use to 
document receipt of protest information, and are the methods most 
commonly used in the Government protest process. This information 
collection may involve small business contractors, depending on the 
particular transaction. The burden applied to small businesses is 
minimal and consistent with the goals of achieving timely resolution of 
agency protests. This information is collected only when contractors 
choose to file a protest to the agency. The information is requested 
from contractors so that the Government will be able to evaluate 
protests effectively and provide prompt resolution of issues in dispute 
when contractors file such claims.
    DHS/ALL/PIA-006 General Contact Lists covers the basic contact 
information that must be collected for DHS to address these protests. 
The other information collected will typically pertain to the contract 
itself, and not individuals. However, all information for this 
information collection is submitted voluntarily. 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. 
There is no assurance of confidentiality provided to the respondents.
    The burden estimates provided in response to Item 12 above are 
based upon the Department's findings in its FY 2022 Procurement Line of 
Business, Operational Status Report. No program changes have occurred 
or changes to the information being collected, however, the burden was 
adjusted to reflect an agency adjustment increase of 33 respondents 
within DHS for Fiscal Year 2022, as well as an increase in the average 
hourly wage rate.

Analysis:

    Agency: Department of Homeland Security (DHS).
    Title: Regulation on Agency Protests.
    OMB Number: 1600-0004.
    Frequency: Annually.
    Affected Public: Business or other for-profit/Individuals or 
Households.
    Number of Respondents: 126.
    Estimated Time per Respondent: 2 hrs.
    Total Burden Hours: 252.

Robert Porter Dorr,
Executive Director, Business Management Directorate.
[FR Doc. 2023-23939 Filed 10-30-23; 8:45 am]
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