89 FR 115 pgs. 50365-50366 - Agency Information Collection Activities: Various Homeland Security Acquistions Regulations Forms OMB Control No. 1600-0002
Type: NOTICEVolume: 89Number: 115Pages: 50365 - 50366
Pages: 50365, 50366Docket number: [Docket Number DHS-2024-0019]
FR document: [FR Doc. 2024-12804 Filed 6-12-24; 8:45 am]
Agency: Homeland Security Department
Official PDF Version: PDF Version
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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.
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:
? Federal eRulemaking Portal: http://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 http://www.regulations.gov, including any personal information provided.
Docket: For access to the docket to read background documents or comments received, go to http://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:
[top] • 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.
• 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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