Federal Acquisition Regulation; Information Collection; Advance Payments, 30091 [E9-14827]

Download as PDF 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]
[Page 30091]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14827]


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DEPARTMENT OF DEFENSE

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.

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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 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

    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