Federal Acquisition Regulation; Accelerated Payments to Small Business Subcontractors, 75089-75091 [2012-30550]
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Federal Register / Vol. 77, No. 244 / Wednesday, December 19, 2012 / Proposed Rules
2. The SNUR submitted by any small
entity would not cost significantly more
than $8,300.
A copy of that certification is
available in the docket for this proposed
rule.
This proposed rule is within the
scope of the February 18, 2012
certification. Based on the Economic
Analysis discussed in Unit IX. and
EPA’s experience promulgating SNURs
(discussed in the certification), EPA
believes that the following are true:
• A significant number of SNUNs
would not be submitted by small
entities in response to the SNUR.
• Submission of the SNUN would not
cost any small entity significantly more
than $8,300.
Therefore, the promulgation of the
SNUR would not have a significant
economic impact on a substantial
number of small entities.
D. Unfunded Mandates Reform Act
(UMRA)
Based on EPA’s experience with
proposing and finalizing SNURs, State,
local, and Tribal governments have not
been impacted by these rulemakings,
and EPA does not have any reasons to
believe that any State, local, or Tribal
government would be impacted by this
proposed rule when promulgated as
final. As such, EPA has determined that
this proposed rule, when promulgated
as final, would not impose any
enforceable duty, contain any unfunded
mandate, or otherwise have any effect
on small governments subject to the
requirements of sections 202, 203, 204,
or 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4).
wreier-aviles on DSK5TPTVN1PROD with
E. Executive Order 13132
This action would not have a
substantial direct effect on States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999).
F. Executive Order 13175
This proposed rule would not have
Tribal implications because it is not
expected to have substantial direct
effects on Indian Tribes. This proposed
rule would not significantly nor
uniquely affect the communities of
Indian Tribal governments, nor would it
involve or impose any requirements that
affect Indian Tribes. Accordingly, the
requirements of Executive Order 13175,
entitled ‘‘Consultation and Coordination
VerDate Mar<15>2010
15:12 Dec 18, 2012
Jkt 229001
75089
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), do not apply
to this proposed rule.
§ 721.10308 Ethoxylated, propoxylated
diamine diaryl substituted phenylmethane
ester with alkenylsuccinate,
dialkylethanolamine salt (generic).
G. Executive Order 13045
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as ethoxylated, propoxylated
diamine diaryl substituted
phenylmethane ester with
alkenylsuccinate, dialkylethanolamine
salt (PMN P–01–384) is subject to
reporting under this section for the
significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(j).
(ii) Release to water. Requirements as
specified in § 721.90(a)(2)(v).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph.
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a), (b), (c), (i), and (k) are
applicable to manufacturers, importers,
and processors of the substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
This action is not subject to Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because this is not an
economically significant regulatory
action as defined by Executive Order
12866, and this action does not address
environmental health or safety risks
disproportionately affecting children.
H. Executive Order 13211
This proposed rule is not subject to
Executive Order 13211, entitled
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001), because this action is not
expected to affect energy supply,
distribution, or use and because this
action is not a significant regulatory
action under Executive Order 12866.
I. National Technology Transfer and
Advancement Act
Since this action does not involve any
technical standards, section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (NTTAA),
Public Law 104–113, (15 U.S.C. 272
note), does not apply to this action.
[FR Doc. 2012–30355 Filed 12–18–12; 8:45 am]
BILLING CODE 6560–50–P
J. Executive Order 12898
This action does not entail special
considerations of environmental justice
related issues as delineated by
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
DEPARTMENT OF DEFENSE
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
[FAR Case 2012–031; Docket 2012–0031,
Sequence 1]
RIN 9000–AM37
Dated: December 10, 2012.
Maria J. Doa,
Director, Chemical Control Division, Office
of Pollution Prevention and Toxics.
Therefore, it is proposed that 40 CFR
part 721 be amended as follows:
PART 721—[AMENDED]
1. The authority citation for part 721
continues to read as follows:
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
2. Add § 721.10308 to subpart E to
read as follows:
PO 00000
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GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 12, 32, and 52
Federal Acquisition Regulation;
Accelerated Payments to Small
Business Subcontractors
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
AGENCIES:
DoD, GSA, and NASA are
proposing to amend the Federal
Acquisition Regulation (FAR) to
implement the temporary policy
provided by Office of Management and
Budget (OMB) Policy Memorandum M–
12–16, dated July 11, 2012, by adding a
SUMMARY:
E:\FR\FM\19DEP1.SGM
19DEP1
75090
Federal Register / Vol. 77, No. 244 / Wednesday, December 19, 2012 / Proposed Rules
wreier-aviles on DSK5TPTVN1PROD with
new clause to provide for the
accelerated payments to small business
subcontractors.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat at one of the addresses
shown below on or before February 19,
2013 to be considered in the formation
of the final rule.
ADDRESSES: Submit comments in
response to FAR Case 2012–031 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘FAR Case 2012–031’’.
Select the link ‘‘Submit a Comment’’
that corresponds with FAR Case 2012–
031. Follow the instructions provided at
the ‘‘Submit a Comment’’ screen. Please
include your name, company name (if
any), and ‘‘FAR Case 2012–031’’ on your
attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), ATTN: Hada Flowers, 1275
First Street NE., 7th Floor, Washington,
DC 20417.
Instructions: Please submit comments
only and cite FAR case 2012–031, in all
correspondence related to this case. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
Edward N. Chambers, Procurement
Analyst, at 202–501–3221 for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at 202–501–4755. Please cite
FAR Case 2012–031.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are proposing
to revise the FAR to implement a
temporary policy that will provide for
the acceleration of payments to small
business subcontractors. On July 11,
2012, OMB released Policy
Memorandum M–12–16, Providing
Prompt Payment to Small Business
Subcontractors, that outlined steps
agencies shall take to ensure that prime
contractors pay their small business
subcontractors as promptly as possible.
The temporary OMB policy of
accelerating payments ends on July 10,
2013.
II. Discussion and Analysis
The proposed rule establishes a new
FAR clause at 52.232–XX, Providing
Accelerated Payments to Small Business
Subcontractors, which will require the
VerDate Mar<15>2010
17:41 Dec 18, 2012
Jkt 229001
prime contractor, upon receipt of
accelerated payments from the
Government, to make accelerated
payments to small business
subcontractors, to the maximum extent
practicable, after receipt of a proper
invoice and all proper documentation
from small business subcontractors. The
clause will be inserted into all new
solicitations issued after the effective
date of the final rule and resultant
contracts, including solicitations and
contracts for the acquisition of
commercial items. This proposed rule
does not provide any new rights under
the Prompt Payment Act and does not
affect the application of the Prompt
Payment Act late payment interest
provisions.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is a significant
regulatory action and, therefore, was
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
The change may have a significant
economic impact on a substantial
number of small entities within the
meaning of the Regulatory Flexibility
Act, 5 U.S.C. 601, et seq., because small
business subcontractors should be paid
more expeditiously by their prime
contractors, improving small business
cash flow overall. Therefore, an Initial
Regulatory Flexibility Analysis (IRFA)
has been prepared consistent with 5
U.S.C. 603, and is summarized as
follows:
This proposed rule implements the
temporary policy provided by OMB Policy
Memorandum M–12–16, Providing Prompt
Payment to Small Business Subcontractors,
dated July 11, 2012, which is designed to
accelerate payment from Federal contractors
to their small business subcontractors. The
rule imposes no reporting, recordkeeping, or
other information collection requirements.
The rule does not duplicate, overlap, or
conflict with any other Federal rules, and
there are no known significant alternatives to
the rule.
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Fmt 4702
Sfmt 4702
The Regulatory Secretariat will be
submitting a copy of the IRFA to the
Chief Counsel for Advocacy of the Small
Business Administration. A copy of the
IRFA may be obtained from the
Regulatory Secretariat. DoD, GSA, and
NASA invite comments from small
business concerns and other interested
parties on the expected impact.
DoD, GSA, and NASA will also
consider comments from small entities
concerning the existing regulations in
subparts affected by this proposed rule
in accordance with 5 U.S.C. 610.
Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (FAR case 2012–031) in
correspondence.
V. Paperwork Reduction Act
The proposed rule does not contain
any information collection requirements
that require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 12, 32,
and 52
Government procurement.
Dated: December 14, 2012.
Laura Auletta,
Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA
propose amending 48 CFR parts 12, 32,
and 52 as set forth below:
1. The authority citation for 48 CFR
parts 12, 32, and 52 are revised or
continue to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; 42 U.S.C. 2473(c); and 51 U.S.C.
20113.
PART 12—ACQUISITION OF
COMMERCIAL ITEMS
2. Amend section 12.301 by adding
paragraph (d)(4) to read as follows:
12.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
*
*
*
*
*
(d) * * *
(4) Insert the clause at 52.232–XX,
Providing Accelerated Payments to
Small Business Subcontractors, as
prescribed in 32.009–2.
*
*
*
*
*
PART 32—CONTRACT FINANCING
32.002
[Amended]
3. Amend section 32.002 by removing
from paragraph (a)(1) ‘‘32.005’’ and
adding ‘‘32.009’’ in its place.
4. Add section 32.009 to read as
follows:
E:\FR\FM\19DEP1.SGM
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Federal Register / Vol. 77, No. 244 / Wednesday, December 19, 2012 / Proposed Rules
32.009 Providing accelerated payments to
small business subcontractors.
32.009–1
General.
Pursuant to the policy provided by
OMB Memorandum M–12–16, Agencies
shall take measures to ensure that prime
contractors pay small business
subcontractors on an accelerated
timetable to the maximum extent
practicable, and upon receipt of
accelerated payments from the
Government. This acceleration does not
provide any new rights under the
Prompt Payment Act and does not affect
the application of the Prompt Payment
Act late payment interest provisions.
32.009–2
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
5. Amend section 52.213–4 by—
a. Revising the date of the clause;
b. Redesignating paragraphs (a)(2)(v)
through (vii) as paragraphs (a)(2)(vi)
through (viii), respectively; and
c. Adding a new paragraph (a)(2)(v).
The revision and addition read as
follows:
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Items).
*
*
*
*
Terms and Conditions—Simplified
Acquisitions (Other Than Commercial
Items) (Date)
(a) * * *
(2) * * *
(v) 52.232–XX, Providing Accelerated
Payments to Small Business Subcontractors
(DATE).
*
*
*
*
*
6. Add section 52.232–XX to read as
follows:
52.232–XX Providing Accelerated
Payments to Small Business
Subcontractors.
As prescribed in 32.009–2, insert the
following clause:
wreier-aviles on DSK5TPTVN1PROD with
Providing Accelerated Payments to
Small Business Subcontractors (Date)
(a) Upon receipt of accelerated payments
from the Government, the Contractor shall
make accelerated payments to a small
business subcontractor, to the maximum
extent practicable and prior to when such
payment is otherwise required under the
applicable contract or subcontract, after
receipt of a proper invoice and all other
required documentation from the small
business subcontractor.
VerDate Mar<15>2010
15:12 Dec 18, 2012
[FR Doc. 2012–30550 Filed 12–18–12; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Contract clause.
Insert clause 52.232–XX, Providing
Accelerated Payments to Small Business
Subcontractors, in all solicitations and
contracts.
*
(b) The acceleration of payments under this
clause does not provide any new rights under
the Prompt Payment Act.
(c) Include the substance of this clause,
including this paragraph (c), in all
subcontracts with small business concerns,
including subcontracts with small business
concerns for the acquisition of commercial
items.
(End of Clause)
Jkt 229001
[Docket No. FWS–R1–ES–2012–0097;
FXES11130900000C2–123–FF09E32000]
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition To Delist the Southern Selkirk
Mountains Population of Woodland
Caribou
Fish and Wildlife Service,
Interior.
ACTION: Notice of 90-day petition
finding and initiation of status review.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce a
90-day finding on a petition to delist the
southern Selkirk Mountains population
of woodland caribou (Rangifer tarandus
caribou) from the Federal List of
Endangered and Threatened Wildlife
and Plants as determined under the
Endangered Species Act of 1973, as
amended (Act). Based on our review, we
find that the petition presents
substantial information indicating that
delisting this population of the
woodland caribou subspecies may be
warranted. Therefore, with the
publication of this notice, we initiate a
review of the status of the subspecies to
determine if delisting the southern
Selkirk Mountains population of
woodland caribou is warranted. To
ensure that this status review is
comprehensive, we are requesting
scientific and commercial data and
other information regarding the status of
the woodland caribou subspecies
(Rangifer tarandus caribou), the
southern Selkirk Mountains population
of woodland caribou, the mountain
ecotype of the woodland caribou, and
other possible woodland caribou
distinct population segment
configurations. Based on the status
review, we will issue a 12-month
finding on the petition, which will
address whether the petitioned action is
warranted, as provided in section
4(b)(3)(B) of the Act.
SUMMARY:
PO 00000
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75091
We request that we receive
scientific and commercial data and
other information pertinent to the
petitioned action and the rangewide
status review of the subspecies on or
before January 18, 2013. The deadline
for submitting information using the
Federal eRulemaking Portal (see the
ADDRESSES section below) is 11:59 p.m.
Eastern Time on this date. After January
18, 2013, you must submit information
directly to the Division of Policy and
Directives Management (see the
ADDRESSES section below). Please note
that we might not be able to consider
information that we receive after the
above requested date.
ADDRESSES: You may submit
information by one of the following
methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. Search for FWS–
R1–ES–2012–0097, which is the docket
number for this action. You may submit
information for the status review by
clicking on ‘‘Comment Now!’’
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: FWS–R1–ES–2012–
0097; Division of Policy and Directives
Management; U.S. Fish and Wildlife
Service; 4401 N. Fairfax Drive, MS
2042–PDM: Arlington, VA 22203.
We will not accept emails or faxes.
We will post all information we receive
on https://www.regulations.gov. This
generally means that we will post any
personal information you provide us
(see the Request for Information section
below for more details).
FOR FURTHER INFORMATION CONTACT:
Brian Kelly, State Supervisor, Idaho
Fish and Wildlife Office, 1387 S.
Vinnell Way, Room 368, Boise, Idaho
83709; by telephone at 208–378–5243;
or by facsimile at 208–378–5262. If you
use a telecommunications device for the
deaf (TDD), call the Federal Information
Relay Service (FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
DATES:
Request for Information
When we make a finding that a
petition presents substantial
information indicating that listing,
delisting, or reclassifying a species may
be warranted, we are required to
promptly initiate review of the status of
the species (status review). For the
status review to be complete and based
on the best available scientific and
commercial information, we request
information on the woodland caribou
subspecies (Rangifer tarandus caribou),
including the southern Selkirk
Mountains population and the
mountain ecotype to which this
E:\FR\FM\19DEP1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 244 (Wednesday, December 19, 2012)]
[Proposed Rules]
[Pages 75089-75091]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30550]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 12, 32, and 52
[FAR Case 2012-031; Docket 2012-0031, Sequence 1]
RIN 9000-AM37
Federal Acquisition Regulation; Accelerated Payments to Small
Business Subcontractors
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement the temporary policy provided
by Office of Management and Budget (OMB) Policy Memorandum M-12-16,
dated July 11, 2012, by adding a
[[Page 75090]]
new clause to provide for the accelerated payments to small business
subcontractors.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat at one of the addresses shown below on or before
February 19, 2013 to be considered in the formation of the final rule.
ADDRESSES: Submit comments in response to FAR Case 2012-031 by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching for ``FAR Case
2012-031''. Select the link ``Submit a Comment'' that corresponds with
FAR Case 2012-031. Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``FAR Case 2012-031'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), ATTN: Hada Flowers, 1275 First Street NE., 7th
Floor, Washington, DC 20417.
Instructions: Please submit comments only and cite FAR case 2012-
031, in all correspondence related to this case. All comments received
will be posted without change to https://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Edward N. Chambers, Procurement
Analyst, at 202-501-3221 for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at 202-501-4755. Please cite FAR Case 2012-031.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are proposing to revise the FAR to implement a
temporary policy that will provide for the acceleration of payments to
small business subcontractors. On July 11, 2012, OMB released Policy
Memorandum M-12-16, Providing Prompt Payment to Small Business
Subcontractors, that outlined steps agencies shall take to ensure that
prime contractors pay their small business subcontractors as promptly
as possible. The temporary OMB policy of accelerating payments ends on
July 10, 2013.
II. Discussion and Analysis
The proposed rule establishes a new FAR clause at 52.232-XX,
Providing Accelerated Payments to Small Business Subcontractors, which
will require the prime contractor, upon receipt of accelerated payments
from the Government, to make accelerated payments to small business
subcontractors, to the maximum extent practicable, after receipt of a
proper invoice and all proper documentation from small business
subcontractors. The clause will be inserted into all new solicitations
issued after the effective date of the final rule and resultant
contracts, including solicitations and contracts for the acquisition of
commercial items. This proposed rule does not provide any new rights
under the Prompt Payment Act and does not affect the application of the
Prompt Payment Act late payment interest provisions.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is a significant regulatory action and, therefore, was subject to
review under section 6(b) of E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This rule is not a major rule under 5
U.S.C. 804.
IV. Regulatory Flexibility Act
The change may have a significant economic impact on a substantial
number of small entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., because small business
subcontractors should be paid more expeditiously by their prime
contractors, improving small business cash flow overall. Therefore, an
Initial Regulatory Flexibility Analysis (IRFA) has been prepared
consistent with 5 U.S.C. 603, and is summarized as follows:
This proposed rule implements the temporary policy provided by
OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small
Business Subcontractors, dated July 11, 2012, which is designed to
accelerate payment from Federal contractors to their small business
subcontractors. The rule imposes no reporting, recordkeeping, or
other information collection requirements. The rule does not
duplicate, overlap, or conflict with any other Federal rules, and
there are no known significant alternatives to the rule.
The Regulatory Secretariat will be submitting a copy of the IRFA to
the Chief Counsel for Advocacy of the Small Business Administration. A
copy of the IRFA may be obtained from the Regulatory Secretariat. DoD,
GSA, and NASA invite comments from small business concerns and other
interested parties on the expected impact.
DoD, GSA, and NASA will also consider comments from small entities
concerning the existing regulations in subparts affected by this
proposed rule in accordance with 5 U.S.C. 610. Interested parties must
submit such comments separately and should cite 5 U.S.C. 610 (FAR case
2012-031) in correspondence.
V. Paperwork Reduction Act
The proposed rule does not contain any information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 12, 32, and 52
Government procurement.
Dated: December 14, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 12, 32,
and 52 as set forth below:
1. The authority citation for 48 CFR parts 12, 32, and 52 are
revised or continue to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; 42 U.S.C.
2473(c); and 51 U.S.C. 20113.
PART 12--ACQUISITION OF COMMERCIAL ITEMS
2. Amend section 12.301 by adding paragraph (d)(4) to read as
follows:
12.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
* * * * *
(d) * * *
(4) Insert the clause at 52.232-XX, Providing Accelerated Payments
to Small Business Subcontractors, as prescribed in 32.009-2.
* * * * *
PART 32--CONTRACT FINANCING
32.002 [Amended]
3. Amend section 32.002 by removing from paragraph (a)(1)
``32.005'' and adding ``32.009'' in its place.
4. Add section 32.009 to read as follows:
[[Page 75091]]
32.009 Providing accelerated payments to small business
subcontractors.
32.009-1 General.
Pursuant to the policy provided by OMB Memorandum M-12-16, Agencies
shall take measures to ensure that prime contractors pay small business
subcontractors on an accelerated timetable to the maximum extent
practicable, and upon receipt of accelerated payments from the
Government. This acceleration does not provide any new rights under the
Prompt Payment Act and does not affect the application of the Prompt
Payment Act late payment interest provisions.
32.009-2 Contract clause.
Insert clause 52.232-XX, Providing Accelerated Payments to Small
Business Subcontractors, in all solicitations and contracts.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
5. Amend section 52.213-4 by--
a. Revising the date of the clause;
b. Redesignating paragraphs (a)(2)(v) through (vii) as paragraphs
(a)(2)(vi) through (viii), respectively; and
c. Adding a new paragraph (a)(2)(v).
The revision and addition read as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than Commercial
Items) (Date)
(a) * * *
(2) * * *
(v) 52.232-XX, Providing Accelerated Payments to Small Business
Subcontractors (DATE).
* * * * *
6. Add section 52.232-XX to read as follows:
52.232-XX Providing Accelerated Payments to Small Business
Subcontractors.
As prescribed in 32.009-2, insert the following clause:
Providing Accelerated Payments to Small Business Subcontractors (Date)
(a) Upon receipt of accelerated payments from the Government,
the Contractor shall make accelerated payments to a small business
subcontractor, to the maximum extent practicable and prior to when
such payment is otherwise required under the applicable contract or
subcontract, after receipt of a proper invoice and all other
required documentation from the small business subcontractor.
(b) The acceleration of payments under this clause does not
provide any new rights under the Prompt Payment Act.
(c) Include the substance of this clause, including this
paragraph (c), in all subcontracts with small business concerns,
including subcontracts with small business concerns for the
acquisition of commercial items.
(End of Clause)
[FR Doc. 2012-30550 Filed 12-18-12; 8:45 am]
BILLING CODE 6820-EP-P
