Federal Acquisition Regulation; Submission for OMB Review; Contract Funding-Limitation of Costs/Funds, 56639-56640 [E9-26353]

Download as PDF Federal Register / Vol. 74, No. 210 / Monday, November 2, 2009 / Notices SUPPLEMENTARY INFORMATION: DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0102] Federal Acquisition Regulation; Submission for OMB Review; Prompt Payment srobinson on DSKHWCL6B1PROD with NOTICES AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for public comments regarding a reinstatement to an 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) Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve a reinstatement to a previously approved information collection requirement concerning prompt payment. A notice for public comments published in the Federal Register at 74 FR 30090, on June 24, 2009. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and 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 December 2, 2009. ADDRESSES: Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the General Services Administration, Regulatory Secretariat (MVPR), 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: Edward Chambers, Procurement Analyst, Contract Policy Branch, GSA (202) 501–3221 or e-mail Edward.chambers@gsa.gov. VerDate Nov<24>2008 17:03 Oct 30, 2009 Jkt 220001 A. Purpose Part 32 of the FAR and the clause at FAR 52.232–5, Payments Under FixedPrice 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 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 56639 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 (MVPR), 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: October 23, 2009. Al Matera, Director, Acquisition Policy Division. [FR Doc. E9–26352 Filed 10–30–09; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0074] Federal Acquisition Regulation; Submission for OMB Review; Contract Funding—Limitation of Costs/Funds AGENCY: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for public comments regarding a reinstatement of an 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) Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve a reinstatement of a previously approved information collection requirement concerning limitation of costs/funds. A request for public comments was published in the Federal Register at 74 FR 30092 on June 24, 2009. Public comments are particularly invited on: Whether this collection of information is necessary for the proper E:\FR\FM\02NON1.SGM 02NON1 56640 Federal Register / Vol. 74, No. 210 / Monday, November 2, 2009 / Notices performance of functions of the FAR, and 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 December 2, 2009. ADDRESSES: Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: FAR Desk Officer, OMB, Room 10102, NEOB, Washington, DC 20503, and a copy to the General Services Administration, Regulatory Secretariat (MVPR), 1800 F Street, NW., Room 4041, Washington, DC 20405. FOR FURTHER INFORMATION CONTACT: Edward Chambers, Procurement Analyst, Contract Policy Branch, GSA (202) 501–3221 or e-mail Edward.chambers@gsa.gov. SUPPLEMENTARY INFORMATION: A. Purpose Firms performing under Federal costreimbursement contracts are required to notify the contracting officer in writing whenever they have reason to believe— (1) The costs the contractors expect to incur under the contracts in the next 60 days, when added to all costs previously incurred, will exceed 75 percent of the estimated cost of the contracts; or (2) The total cost for the performance of the contracts will be greater or substantially less than estimated. As a part of the notification, the contractors must provide a revised estimate of total cost. srobinson on DSKHWCL6B1PROD with NOTICES B. Annual Reporting Burden Respondents: 53,456. Responses per Respondent: 1. Annual Responses: 53,456. Hours per Response: .5. Total Burden Hours: 26,728. Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat (MVPR), 1800 F Street, NW., Room 4041, Washington, DC 20405, telephone (202) 501–4755. Please cite OMB Control No. 9000–0074, Contract Funding—Limitation of Costs/ Funds, in all correspondence. VerDate Nov<24>2008 17:03 Oct 30, 2009 Jkt 220001 Dated: October 23, 2009. Al Matera, Director, Acquisition Policy Division. [FR Doc. E9–26353 Filed 10–30–09; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0053] Federal Acquisition Regulation; Submission for OMB Review; Permits, Authorities, or Franchises Certification Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for public comments regarding a reinstatement of a previously existing OMB clearance. AGENCIES: SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) 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 permits, authorities, or franchises certification. A request for public comments was published in the Federal Register at 74 FR 28497 on June 16, 2009. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and 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 December 2, 2009. ADDRESSES: Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the General Services Administration, Regulatory Secretariat (MVPR), 1800 F Street, NW., Room 4041, Washington, DC 20405. PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Jeritta Parnell, Procurement Analyst, Contract Policy Branch, GSA (202) 501– 4082 or e-mail Jeritta.Parnell@gsa.gov. SUPPLEMENTARY INFORMATION: A. Purpose This certification and copies of authorizations are needed to determine that the offeror has obtained all authorizations, permits, etc., required in connection with transporting the material involved. The contracting officer reviews the certification and any documents requested to ensure that the offeror has complied with all regulatory requirements and has obtained any permits, licenses, etc., that are needed. B. Annual Reporting Burden Respondents: 1,106. Responses per Respondent: 3. Annual Responses: 3,318. Hours per Response: .094. Total Burden Hours: 312. Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat (MVPR), 1800 F Street, NW., Room 4041, Washington, DC 20405, telephone (202) 501–4755. Please cite OMB Control No. 9000–0053, Permits, Authorities, or Franchises Certification, in all correspondence. Dated: October 23, 2009. Al Matera, Director, Acquisition Policy Division. [FR Doc. E9–26348 Filed 10–30–09; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary Determination and Declaration Regarding Emergency Use of the Antiviral Product Peramivir Accompanied by Emergency Use Information AGENCY: Office of the Secretary (OS), HHS. ACTION: Notice. SUMMARY: The Secretary of Health and Human Services (HHS) is issuing this notice pursuant to section 564(b) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 360bbb–3(b)(4). On April 26, 2009, the then Acting Secretary of HHS determined that a public health emergency exists nationwide involving Swine Influenza A (now known as 2009–H1N1 Influenza A, or 2009–H1N1 influenza) that affects or has significant potential to affect E:\FR\FM\02NON1.SGM 02NON1

Agencies

[Federal Register Volume 74, Number 210 (Monday, November 2, 2009)]
[Notices]
[Pages 56639-56640]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26353]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0074]


Federal Acquisition Regulation; Submission for OMB Review; 
Contract Funding--Limitation of Costs/Funds

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

ACTION: Notice of request for public comments regarding a reinstatement 
of an 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) 
Secretariat will be submitting to the Office of Management and Budget 
(OMB) a request to review and approve a reinstatement of a previously 
approved information collection requirement concerning limitation of 
costs/funds. A request for public comments was published in the Federal 
Register at 74 FR 30092 on June 24, 2009.
    Public comments are particularly invited on: Whether this 
collection of information is necessary for the proper

[[Page 56640]]

performance of functions of the FAR, and 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 December 2, 2009.

ADDRESSES: Submit comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing this burden to: FAR Desk Officer, OMB, Room 10102, NEOB, 
Washington, DC 20503, and a copy to the General Services 
Administration, Regulatory Secretariat (MVPR), 1800 F Street, NW., Room 
4041, Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT: Edward Chambers, Procurement Analyst, 
Contract Policy Branch, GSA (202) 501-3221 or e-mail 
Edward.chambers@gsa.gov.

SUPPLEMENTARY INFORMATION:

A. Purpose

    Firms performing under Federal cost-reimbursement contracts are 
required to notify the contracting officer in writing whenever they 
have reason to believe--
    (1) The costs the contractors expect to incur under the contracts 
in the next 60 days, when added to all costs previously incurred, will 
exceed 75 percent of the estimated cost of the contracts; or
    (2) The total cost for the performance of the contracts will be 
greater or substantially less than estimated. As a part of the 
notification, the contractors must provide a revised estimate of total 
cost.

B. Annual Reporting Burden

    Respondents: 53,456.
    Responses per Respondent: 1.
    Annual Responses: 53,456.
    Hours per Response: .5.
    Total Burden Hours: 26,728.
    Obtaining Copies of Proposals: Requesters may obtain a copy of the 
information collection documents from the General Services 
Administration, Regulatory Secretariat (MVPR), 1800 F Street, NW., Room 
4041, Washington, DC 20405, telephone (202) 501-4755. Please cite OMB 
Control No. 9000-0074, Contract Funding--Limitation of Costs/Funds, in 
all correspondence.

    Dated: October 23, 2009.
Al Matera,
Director, Acquisition Policy Division.
[FR Doc. E9-26353 Filed 10-30-09; 8:45 am]
BILLING CODE 6820-EP-P