Agency Information Collection Activities: Various Homeland Security Acquistions Regulations Forms OMB Control No. 1600-0002, 50365-50366 [2024-12804]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Notices]
[Pages 50365-50366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12804]


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DEPARTMENT OF HOMELAND SECURITY

[Docket Number DHS-2024-0019]


Agency Information Collection Activities: Various Homeland 
Security Acquistions Regulations Forms OMB Control No. 1600-0002

AGENCY: Department of Homeland Security (DHS).

ACTION: 60-Day notice and request for comments.

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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 August 12, 
2024. This process is conducted in accordance with 5 CFR 1320.1

ADDRESSES: You may submit comments, identified by docket number Docket 
# DHS-2024-0019, 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-2024-0019. 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://www.regulations.gov.

SUPPLEMENTARY INFORMATION:

Circumstances Making the Collection of Information Necessary

    This information collection is associated with the forms listed 
below and is necessary to implement applicable parts of the Homeland 
Security Acquisition Regulation (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 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.

[[Page 50366]]

     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 May 31, 2025, 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 forms are prescribed for use in the closeout of 
applicable contracts and during contract administration. As the 
information collection is governed by FAR, HSAR and certain procurement 
statutes, usability testing is limited to ensuring the use of plain 
language, no duplicate/superfluous collection and electronic 
submission. DHS found the following: As much as feasible, plain 
language is used in the applicable forms. DHS encourages the 
information collected from the public under this request complements 
but does not duplicate vendor information available to the Government-
wide acquisition community through Integrated Award Environment (IAE) 
systems, including the System for Award Management (SAM). To ensure the 
information collected under this collection isn't duplicative, DHS 
Office of the Chief Procurement Officer: (1) monitors the acquisition 
processes and procedures of the various DHS Components; (2) reviews 
proposed and published changes to the FAR; and (3) provides one 
location for the final review and approval of all proposed acquisition 
regulations for DHS. Respondents may submit requested information 
electronically, through email or facsimile to the specified Government 
point of contact. Contractors will utilize their own computers to 
provide the required information to the Government point of contact.
    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.
    DHS Form 700-2, Contractor's Assignment of Refunds, Rebates, 
Credits and Other Amounts. DHS would not be allowed to collect funds to 
which it may be rightfully entitled.
    DHS Form 700-3 Contractor's Release: DHS would not have legal 
protection from a contractor asserting later claims against a contract.
    DHS Form 700-4 Employee Claim for Wage Restitution: DOL requires 
this form be completed by Contractor employees claiming restitution 
under contracts. If the form is not completed and submitted, payment 
may not be made to the employee.
    Disclosure/non-disclosure of information is handled in accordance 
with the Freedom of Information Act, other disclosure statutes, and 
Federal and agency acquisition regulations.
    The burden estimates provided in response to Item 12 above are 
based upon contracts reported by DHS and its Components to the FPDS for 
fiscal year 2022. 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 12,634 in the number of 
respondents within DHS for fiscal year 2022, and an increase in the 
average hourly wage rate.
    The Office of Management and Budget is particularly interested in 
comments which:
    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;
    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;
    Enhance the quality, utility, and clarity of the information to be 
collected; and
    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: Various Homeland Security Acquisitions Regulations Forms.
    OMB Number: 1600-0002.
    Frequency: Annually.
    Affected Public: Contractor.
    Number of Respondents: 21,379.
    Estimated Time per Respondent: 1 Hour.
    Total Burden Hours: 21,379.

Robert Dorr,
Acting Executive Director, Business Management Directorate.
[FR Doc. 2024-12804 Filed 6-12-24; 8:45 am]
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