Federal Acquisition Regulation; Accelerated Payments to Small Business Subcontractors, 75089-75091 [2012-30550]

Download as PDF 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 Frm 00025 Fmt 4702 Sfmt 4702 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: http:// 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 http:// 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. PO 00000 Frm 00026 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 19DEP1 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 Frm 00027 Fmt 4702 Sfmt 4702 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: http:// 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 http://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 19DEP1

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]


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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: http://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 http://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