Supporting Statement for Information Collection
Title: Foreign Ownership and Financing Representation for High-Security Leased Space
GSAR Sections Affected: 570.703(c) and 552.270-33
Overview of Information Collection.
This is a request for approval of an extension to an existing information collection.
There are no significant changes since the last approval of this information collection. Updates to previous estimates (rounded to the nearest thousand) related to the implementation of the Secure Federal LEASEs Act (Pub. L. 116-276) for lease acquisitions include:
The total estimated annual cost burden to the public for the initial proposal disclosure for GSAR 552.270-33 decreased due to the use of updated data. The total estimated annual public cost burden changed-
From: $136,676
To: $104,586
The total estimated annual cost burden to the public for the annual update for GSAR 552.270-33 increased due to the use of updated data. The total estimated annual public cost burden changed-
From: $11,446
To: $17,452
The total estimated annual cost burden to the Government GSAR 552.270-33 increased due to the use of updated data. The total estimated annual cost to the Government changed-
From: $27,268
To: $34,840
1. Need and Method for the Information Collection.
This information collection supports implementation of the Secure Federal LEASEs Act (Pub. L. 116-276) to reduce security risks in high-security leased space. Section 3 of the bill requires agencies, before entering into a lease agreement for high-security leased space, to require the contractor to identify the immediate or highest-level owner of the space, including any financing entity, and disclose whether that owner is a foreign person or entity, including the country associated with the ownership entity. The contractor shall (1) provide such identification and disclosure when first submitting a proposal in response to a solicitation; and (2) update such information annually. This information is partially implemented in the Federal Acquisition Regulation (FAR) through the provisions at FAR 52.204-3, Taxpayer Identification, FAR 52.204-7, System for Award Management, FAR 52.204-17, Ownership and Control of Offeror, and the clause at FAR 52.204-13, System for Award Management Maintenance. OMB Control Numbers 9000-0097 and 9000-0185 covers the FAR provisions and clause. However, the FAR does not account for foreign financing. This information collection covers GSA’s implementation of the Act through GSAR clause 552.270-33, which was first issued as an interim rule at 86 FR 34966.
The information collected is submitted electronically (to the maximum extent possible).
See Item 6 below for the consequences if the information collection is not conducted or conducted less frequently.
2. Use of the Information.
The information collected will be used to identify if an offeror for high-security leased space is a foreign person or entity. If a foreign ownership disclosure is made the contracting activity will notify the Federal tenant of the building that will be used for high-security space in writing, and consult with the Federal tenant, regarding security concerns and necessary mitigation measures, if any.
3. Use of Information Technology.
GSA continues to improve and expand the use of information technology to the maximum extent practicable. Where both the Government and the contractor are capable of electronic interchange, these information collection requirements may be submitted electronically.
4. Non-duplication.
There is no similar data and no duplication of information exists under this collection. OMB Control Numbers 9000-0097 and 9000-0185 covers the burden of related FAR provisions and clauses, but does not fully account for the burden associated with lease acquisitions for high-security space.
5. Burden on Small Business.
The burden applies equally to small businesses that opt to do business with GSA. This information collected is the minimum necessary consistent with applicable laws, Executive orders, regulations, and prudent business practices.
6. Less Frequent Collection.
Not collecting this information or collecting this information less frequently would impede contracting officers from performing their administrative functions in an efficient and effective manner.
7. Paperwork Reduction Act Guidelines.
Not applicable. No special circumstances exist for this information collection.
8. Consultation and Public Comments.
A 60-day notice published in the Federal Register at 89 FR 78305 on September 25, 2024. No public comments were received. A 30-day notice published in the Federal Register at 89 FR 100496.
9. Gifts or Payment.
Not applicable. GSA makes no such payments or gifts to respondents under this information collection.
10. Privacy and Confidentiality.
This information is disclosed only to the extent consistent with prudent business practices, current regulations, and in accordance with the requirements of the Freedom of Information Act.
11. Sensitive Questions.
Not applicable. No sensitive questions are involved under this information collection.
12. Burden Estimate.
Public burden for this collection of information through GSAR 552.270-33 is estimated based on the time to comply with the representation; reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing the information.
GSA estimates that approximately 542 lessors will need to complete GSAR 552.270-33 each year.
Given the detail required for the baseline ownership information disclosure, an estimate of 2 hours for initial disclosure and 30 minutes (0.50 hours) for annual updates was assumed for the baseline response burden. It is assumed that 10% of the new lessors (54) will respond affirmatively to the baseline representation and will be required to report additional information on the owner. Given the detail required for the additional ownership information disclosure, an estimate of 10 hours for additional initial disclosure was assumed.
1. Initial Proposal Disclosure
Baseline Representation
Estimated annual responses 542
Estimated review time per response x 2
Total Review Time 1,084
Additional Representation
Estimated annual responses 54
Estimated review time per response x 10
Total Review Time 540
Total Initial Response Burden Hours 1,624
Cost per hour* x $64.40
Estimated Cost Burden to the Public $104,586
*The estimated cost of $64.40 per hour is based on the task being accomplished by mid-level personnel equivalent to a GS-12, Step 5 salary (Base Pay and Rest of US Locality Pay) (Salary Table 2024-RUS, Effective January 2024), with fringe of 36.25% (OMB Memo M-08-13).
|
Requested |
Program Change Due to New Statute |
Program Change Due to Agency Discretion |
Change Due to Adjustment in Agency Estimate |
Change Due to Potential Violation of the PRA |
Previously Approved |
Annual Number of Responses for this IC |
542 |
Not applicable |
Not applicable |
Not applicable |
Not applicable |
542 |
Annual IC Time Burden (Hour) |
1,624 |
Not applicable |
Not applicable |
Not applicable |
Not applicable |
1,624 |
Annual IC Cost Burden (Dollars) |
$104,586 |
Not applicable |
Not applicable |
($32,090) |
Not applicable |
$136,676 |
Burden per Response:
|
|
||||||||||||||||||||
Annual Burden:
|
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2. Annual Updates
Estimated responses per year 542
Estimated hours per response x 0.50
Total Response Burden Hours 271
Cost per hour* x $64.40
Estimated Cost Burden to the Public $17,452
*The estimated cost of $64.40 per hour is based on the task being accomplished by mid-level personnel equivalent to a GS-12, Step 5 salary (Base Pay and Rest of US Locality Pay) (Salary Table 2024-RUS, Effective January 2024), with fringe of 36.25% (OMB Memo M-08-13).
|
Requested |
Program Change Due to New Statute |
Program Change Due to Agency Discretion |
Change Due to Adjustment in Agency Estimate |
Change Due to Potential Violation of the PRA |
Previously Approved |
Annual Number of Responses for this IC |
542 |
Not applicable |
Not applicable |
Not applicable |
Not applicable |
542 |
Annual IC Time Burden (Hour) |
271 |
Not applicable |
Not applicable |
135 |
Not applicable |
136 |
Annual IC Cost Burden (Dollars) |
$17,452 |
Not applicable |
Not applicable |
$6,006 |
Not applicable |
$11,446 |
Burden per Response:
|
|
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Annual Burden:
|
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13. Estimated Nonrecurring Costs.
Not applicable to this information collection.
14. Estimated Cost of the Government
Government burden for this information collection is estimated based on the time required to review and evaluate the disclosure information for high-security lease proposals. Given the detail required for the baseline information disclosure contained in these proposals, an estimate of 30 minutes (0.50 hours) for a non-affirmative response was assumed as the review burden. It is assumed that 10% of the new lessors (54) will respond affirmatively to the representation. Given the detail contained in an affirmative response, an estimate of 5 hours per representation was assumed for review and to provide notification to Federal tenants (as applicable). For review of annual updates, the review time is assumed to be negligible.
Baseline Disclosure
Estimated annual responses 542
Estimated review time per response x .50
Total Review Time 271
Additional Disclosure
Estimated annual responses 54
Estimated review time per response x 5
Total Review Time 270
Total Disclosure Review Burden Hours 541
Cost per hour* x $64.40
Total Annual Government Cost $34,840
*The estimated cost of $64.40 per hour is based on the task being accomplished by mid-level personnel equivalent to a GS-12, Step 5 salary (Base Pay and Rest of US Locality Pay) (Salary Table 2024-RUS, Effective January 2024), with fringe of 36.25% (OMB Memo M-08-13).
15. Reasons for Changes.
The hourly rate was updated to reflect the rates effective January 2024, as opposed to January 2021. The fringe rate was adjusted downward to be in alignment with current standards.
16. Publicizing Results.
Not applicable. Results of this information collection will not be published. Information collected is used for internal purposes only.
17. OMB Not to Display Approval.
Not applicable. GSA is not seeking such approval for this collection.
18. Exceptions to “Certification for Paperwork Reduction Submissions”.
Not applicable. GSA has no exceptions to the certification statement.
19. Surveys, Censuses, and Other Collections that Employ Statistical Methods.
Surveys, censuses or statistical methods are not used for this information collection.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | OscarDSmith |
| File Modified | 0000-00-00 |
| File Created | 2024-12-13 |