Federal Acquisition Regulation; Information Collection; Prompt Payment, 30090-30091 [E9-14804]

Download as PDF 30090 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices Dated: June 18, 2009. Karen V. Gregory, Secretary. [FR Doc. E9–14876 Filed 6–23–09; 8:45 am] BILLING CODE 6730–01–P Finding GENERAL SERVICES ADMINISTRATION AGENCY: Public Buildings Service, General Services Administration. ACTION: Notice of availabilty. The General Services Administration is publishing a Final Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) for the proposed reconfiguration and expansion of the Nogales Mariposa land port of entry in Nogales, Arizona. FOR FURTHER INFORMATION CONTACT: Greg Smith, Regional Environmental Quality Advisor (REQA), US General Services Administration, Portfolio Management Division, 880 Front St., Room 4236, San Diego, CA 92101, phone 619–557–6169, or e-mail: Greg.Smith@gsa.gov. SUPPLEMENTARY INFORMATION: The Mariposa U.S. Border Station at Nogales, Arizona is a full-service land port of entry (LPOE) where the Federal Government inspects privately-owned vehicles (POV), pedestrians, and commercial vehicles seeking to enter the United States. Immediately to the south is the Mexican City of Nogales, Sonora. Since the existing LPOE was constructed, the population of the region has grown, inspection technology has significantly improved, law enforcement activities have increased, and trade policies have changed dramatically. Consequently, the existing facilities are overloaded and in need of repair, equipment upgrades, and expansion. A larger, more efficient LPOE is needed to expedite trade and tourism while meeting the security needs of the U.S. Customs and Border Protection Division. Details of the Proposed Action are described in a NEPA document entitled Nogales Mariposa US Land Port of Entry Final Environmental Assessment (Aztec Engineering, June 2009). The Draft EA was published and circulated among responsible government agencies and the public for a period of no less than 45 days. A public meeting on the Draft EA was held on Tuesday, September 12, 2006. Comments received during the SUMMARY: 16:46 Jun 23, 2009 Jkt 217001 Basis for Finding The environmental impacts of constructing and operating the proposed facilities were considered in the Final EA and FONSI pursuant to the National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ) regulations implementing NEPA. The build alternative will result in temporary construction impacts involving the air quality (dust) and noise, a minor loss of soil and vegetation, and potential stormwater pollution runoff from the site. To mitigate potential long-term impacts, GSA will implement the measures that are discussed in the Environmental Assessment and FONSI. The Final EA and FONSI are available for review at the San Luis Public Library, 731 N 1st Ave., San Luis, AZ 85349. The Final EA and FONSI can also be viewed on the GSA Web site at http://www.gsa.gov/nepa. Click on NEPA Library → Public Documents. The Finding of No Significant Impact will become final thirty (30) days after the publication of this notice, provided that no information leading to a contrary finding is received or comes to light during this period. Dated: June 17, 2009. Abdee Gharavi, Portfolio Management Division Director, 9PT, GSA Region 9. [FR Doc. E9–14781 Filed 6–23–09; 8:45 am] BILLING CODE 6820–YF–P PO 00000 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0102] Pursuant to the provision of GSA Order ADM 1095.1F, the PBS NEPA Desk Guide, and the regulations issued by the Council of Environmental Quality, (40 CFR parts 1500 to 1508), this notice advises the public of our finding that the action described above will not significantly affect the quality of the human environment. Public Building Service; Notice of Availability; Environmental Assessment and Finding of No Significant Impact VerDate Nov<24>2008 meeting and circulation period were considered by GSA in this final decision. The action proposed includes mitigation measures to reduce impacts identified in the EA to a level that is less than significant. Federal Acquisition Regulation; Information Collection; Prompt Payment AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for comments regarding the reinstatement of a previously existing OMB clearance. SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR), Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning Prompt Payment. Public comments are particularly invited on: Whether this collection of information is necessary; whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. DATES: Submit comments on or before August 24, 2009. ADDRESSES: Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4041, Washington, DC 20405. Please cite OMB Control No. 9000–0102, Prompt Payment, in all correspondence. FOR FURTHER INFORMATION CONTACT: Mr. Edward Chambers, Procurement Analyst, Contract Policy Division, GSA, (202) 501–3221. A. Purpose Part 32 of the FAR and the clause at FAR 52.232–5, Payments Under Fixed- Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\24JNN1.SGM 24JNN1 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices Price Construction Contracts, require that contractors under fixed price construction contracts certify, for every progress payment request, that payments to subcontractors/suppliers have been made from previous payments received under the contract and timely payments will be made from the proceeds of the payment covered by the certification, and that this payment request does not include any amount which the contractor intends to withhold from a subcontractor/supplier. Part 32 of the FAR and the clause at 52.232–27, Prompt Payment for Construction Contracts, further require that contractors on construction contracts— (a) Notify subcontractors/suppliers of any amounts to be withheld and furnish a copy of the notification to the contracting officer; (b) Pay interest to subcontractors/ suppliers if payment is not made by 7 days after receipt of payment from the Government, or within 7 days after correction of previously identified deficiencies; (c) Pay interest to the Government if amounts are withheld from subcontractors/suppliers after the Government has paid the contractor the amounts subsequently withheld, or if the Government has inadvertently paid the contractor for nonconforming performance; and (d) Include a payment clause in each subcontract which obligates the contractor to pay the subcontractor for satisfactory performance under its subcontract not later than 7 days after such amounts are paid to the contractor, include an interest penalty clause which obligates the contractor to pay the subcontractor an interest penalty if payments are not made in a timely manner, and include a clause requiring each subcontractor to include these clauses in each of its subcontractors and to require each of its subcontractors to include similar clauses in their subcontracts. These requirements are imposed by Public Law 100–496, the Prompt Payment Act Amendments of 1988. Contracting officers will be notified if the contractor withholds amounts from subcontractors/suppliers after the Government has already paid the contractor the amounts withheld. The contracting officer must then charge the contractor interest on the amounts withheld from subcontractors/suppliers. Federal agencies could not comply with the requirements of the law if this information were not collected. B. Annual Reporting Burden Respondents: 36,666. VerDate Nov<24>2008 16:46 Jun 23, 2009 Jkt 217001 Responses per Respondent: 11. Total Responses: 403,326. Hours per Response: 11. Total Burden Hours: 44,366. C. Annual Recordkeeping Burden Recordkeepers: 33,333. Hours per Recordkeeper: 18. Total Recordkeeping Burden Hours: 599,994. Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4041, Washington, DC 20405, telephone (202) 501–4755. Please cite OMB Control No. 9000–0102, Prompt Payment, in all correspondence. Dated: June 18, 2009. Al Matera, Director, Office of Acquisition Policy. [FR Doc. E9–14804 Filed 6–23–09; 8:45 am] BILLING CODE 6820–EP–P GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0073] Federal Acquisition Regulation; Information Collection; Advance Payments AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for comments regarding the reinstatement of a previously existing OMB clearance. SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR), Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning Advance Payments. Public comments are particularly invited on: Whether this collection of information is necessary; whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of Frm 00051 Fmt 4703 the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. DATES: Submit comments on or before August 24, 2009. ADDRESSES: Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4041, Washington, DC 20405. Please cite OMB Control No. 9000–0073, Advance Payments, in all correspondence. FOR FURTHER INFORMATION CONTACT: Mr. Edward Chambers, Procurement Analyst, Contract Policy Division, GSA, (202) 501–3221. A. Purpose DEPARTMENT OF DEFENSE PO 00000 30091 Sfmt 4703 Advance payments may be authorized under Federal contracts and subcontracts. Advance payments are the least preferred method of contract financing and require special determinations by the agency head or designee. Specific financial information about the contractor is required before determinations by the agency head or designee. Specific financial information about the contractor is required before such payments can be authorized (see FAR 32.4 and 52.232–12). The information is used to determine if advance payments should be provided to the contractor. B. Annual Reporting Burden Respondents: 500. Responses per Respondent: 1. Annual Responses: 500. Hours per Response: 1. Total Burden Hours: 500. Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4041, Washington, DC 20405, telephone (202) 501–4755. Please cite OMB Control No. 9000–0073, Advance Payments, in all correspondence. Dated: June 18, 2009. Al Matera, Director, Office of Acquisition Policy. [FR Doc. E9–14827 Filed 6–23–09; 8:45 am] BILLING CODE 6820–EP–P E:\FR\FM\24JNN1.SGM 24JNN1

Agencies

[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Notices]
[Pages 30090-30091]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14804]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0102]


Federal Acquisition Regulation; Information Collection; Prompt 
Payment

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice of request for comments regarding the reinstatement of a 
previously existing OMB clearance.

-----------------------------------------------------------------------

SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 
(44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR), 
Regulatory Secretariat will be submitting to the Office of Management 
and Budget (OMB) a request to review and approve an extension of a 
currently approved information collection requirement concerning Prompt 
Payment.
    Public comments are particularly invited on: Whether this 
collection of information is necessary; whether it will have practical 
utility; whether our estimate of the public burden of this collection 
of information is accurate, and based on valid assumptions and 
methodology; ways to enhance the quality, utility, and clarity of the 
information to be collected; and ways in which we can minimize the 
burden of the collection of information on those who are to respond, 
through the use of appropriate technological collection techniques or 
other forms of information technology.

DATES: Submit comments on or before August 24, 2009.

ADDRESSES: Submit comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing this burden, to: General Services Administration, Regulatory 
Secretariat (VPR), 1800 F Street, NW., Room 4041, Washington, DC 20405. 
Please cite OMB Control No. 9000-0102, Prompt Payment, in all 
correspondence.

FOR FURTHER INFORMATION CONTACT: Mr. Edward Chambers, Procurement 
Analyst, Contract Policy Division, GSA, (202) 501-3221.

A. Purpose

    Part 32 of the FAR and the clause at FAR 52.232-5, Payments Under 
Fixed-

[[Page 30091]]

Price Construction Contracts, require that contractors under fixed 
price construction contracts certify, for every progress payment 
request, that payments to subcontractors/suppliers have been made from 
previous payments received under the contract and timely payments will 
be made from the proceeds of the payment covered by the certification, 
and that this payment request does not include any amount which the 
contractor intends to withhold from a subcontractor/supplier. Part 32 
of the FAR and the clause at 52.232-27, Prompt Payment for Construction 
Contracts, further require that contractors on construction contracts--
    (a) Notify subcontractors/suppliers of any amounts to be withheld 
and furnish a copy of the notification to the contracting officer;
    (b) Pay interest to subcontractors/suppliers if payment is not made 
by 7 days after receipt of payment from the Government, or within 7 
days after correction of previously identified deficiencies;
    (c) Pay interest to the Government if amounts are withheld from 
subcontractors/suppliers after the Government has paid the contractor 
the amounts subsequently withheld, or if the Government has 
inadvertently paid the contractor for nonconforming performance; and
    (d) Include a payment clause in each subcontract which obligates 
the contractor to pay the subcontractor for satisfactory performance 
under its subcontract not later than 7 days after such amounts are paid 
to the contractor, include an interest penalty clause which obligates 
the contractor to pay the subcontractor an interest penalty if payments 
are not made in a timely manner, and include a clause requiring each 
subcontractor to include these clauses in each of its subcontractors 
and to require each of its subcontractors to include similar clauses in 
their subcontracts.
    These requirements are imposed by Public Law 100-496, the Prompt 
Payment Act Amendments of 1988.
    Contracting officers will be notified if the contractor withholds 
amounts from subcontractors/suppliers after the Government has already 
paid the contractor the amounts withheld. The contracting officer must 
then charge the contractor interest on the amounts withheld from 
subcontractors/suppliers. Federal agencies could not comply with the 
requirements of the law if this information were not collected.

B. Annual Reporting Burden

    Respondents: 36,666.
    Responses per Respondent: 11.
    Total Responses: 403,326.
    Hours per Response: 11.
    Total Burden Hours: 44,366.

C. Annual Recordkeeping Burden

    Recordkeepers: 33,333.
    Hours per Recordkeeper: 18.
    Total Recordkeeping Burden Hours: 599,994.
    Obtaining Copies of Proposals: Requesters may obtain a copy of the 
information collection documents from the General Services 
Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 
4041, Washington, DC 20405, telephone (202) 501-4755. Please cite OMB 
Control No. 9000-0102, Prompt Payment, in all correspondence.

    Dated: June 18, 2009.
Al Matera,
Director, Office of Acquisition Policy.
[FR Doc. E9-14804 Filed 6-23-09; 8:45 am]
BILLING CODE 6820-EP-P