Regulation on Agency Protests

OMB Control No: 1600-0004	ICR Reference No: 201407-1600-002
Status: Historical Active	Previous ICR Reference No: 201102-1600-003
Agency/Subagency: DHS	Agency Tracking No:
Title: Regulation on Agency Protests
Type of Information Collection: Reinstatement without change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 07/18/2014
OIRA Conclusion Action: Approved without change	Conclusion Date: 07/25/2014
Retrieve Notice of Action (NOA)	Date Received in OIRA: 07/11/2014
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2015	6 Months From Approved
Responses	95	0	0
Time Burden (Hours)	190	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The Federal Acquisition Regulation (FAR) 48 CFR Chapter 1, provides general procedures for handling protests submitted by contractors to federal agencies. FAR Part 33 "Protests, Disputes, and Appeals prescirbes policies and procedures for filing protests and for processing contract disputes and appeals.

Emergency Justfication: If DHS is not allowed to collect this information is there will be no information available for the agency (DHS) to review and determine if the protest is valid. This could mean that a business has a valid protest but because DHS may not collect the required information from the protestor to make that determination and take necessary action to correct or resolve (e.g., the protest could be that a solicitation is unnecessarily restrictive; the protest could be that the protestor believes his/her proposal was not fairly evaluated; etc.). Failure to collect this information would result in DHS being unable to evaluate the protestor’s allegations/concerns and take necessary corrective action (e.g., loosen the requirements in a restrictive solicitation to enable full and open competition; review the award decision to ensure the offeror’s proposal was fairly and properly evaluated in accordance with the terms and conditions of the solicitation).

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Authorizing Statute(s): US Code: 41 USC 401 Name of Law: The Office of Federal Procurement Policy Act of 1974

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name Regulation on Agency Protests

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	95	0	0	0	20	75
Annual Time Burden (Hours)	190	0	0	0	40	150
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: According to the DHS Operational Status Review (an internal agency report), the number of protests has increased each year over the past two years in annual respondent and burden hours. This increase in current protest activity is not the result of a deliberate program change, but from a new estimate of actions that are not controllable by the Federal Government. Although the number of protest has increased, there has not been any change in the information being collected.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Kathy Strouss 202 447-5273 [email protected]

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 07/11/2014

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