Federal Acquisition Regulation; Submission for OMB Review; Permits, Authorities, or Franchises, 5451-5452 [2013-01475]

Download as PDF Federal Register / Vol. 78, No. 17 / Friday, January 25, 2013 / Notices mstockstill on DSK4VPTVN1PROD with 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 and Recordkeeping Burden Data from the Federal Procurement Data System (FPDS) regarding fixed price construction contracts for Fiscal Year (FY) 2011 revealed that the number of affected contracts and, therefore, respondents has been reduced from the previously approved information collection. Time required to assemble and prepare notification or certification regarding withhold is estimated at .11 hours per notice. This estimate is based on the assumption that some construction contractors will be required to notify the Government of withholding and others will have to provide their payment certification, and VerDate Mar<15>2010 18:39 Jan 24, 2013 Jkt 229001 that 2,679 contractors under a total of 4,450 contracts will have to notify the Government 11 times per year. This estimate assumes automation of contractor records. The recordkeeping burden is based on the revised number of contracts for FY11 and the estimated hours from the previously approved collection. Annual Reporting Burden Respondents: 2,679. Responses per Respondent: 18.27. Total Responses: 48,950. Hours per Response: .11. Total Burden Hours: 5,384. Annual Recordkeeping Burden Recordkeepers: 4,450. Hours per Recordkeeper: 18. Total Recordkeeping Burden Hours: 80,100. Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat (MVCB), 1275 First Street NE., Washington, DC 20417, telephone (202) 501–4755. Please cite OMB Control No. 9000–0102, Prompt Payment, in all correspondence. Dated: January 18, 2013. William Clark, Acting Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2013–01565 Filed 1–24–13; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Docket 2012–0076; Sequence 39; OMB Control No. 9000–0053] Federal Acquisition Regulation; Submission for OMB Review; Permits, Authorities, or Franchises Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for public comments regarding an extension of a previously existing OMB clearance. AGENCIES: Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a SUMMARY: PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 5451 previously approved information collection requirement concerning permits, authorities, or franchises for regulated transportation. A notice was published in the Federal Register at 77 FR 55475, on September 10, 2012. One respondent submitted comments. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the Federal Acquisition Regulations (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 February 25, 2013. ADDRESSES: Submit comments identified by Information Collection 9000–0053, Permits, Authorities, or Franchises, by any of the following methods: • Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB control number. Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘Information Collection 9000–0053, Permits, Authorities, or Franchises’’. Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘Information Collection 9000–0053, Permits, Authorities, or Franchises’’ on your attached document. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (MVCB), 1275 First Street NE., Washington, DC 20417. ATTN: Hada Flowers/IC 9000–0053, Permits, Authorities, or Franchises. Instructions: Please submit comments only and cite Information Collection 9000–0053, Permits, Authorities, or Franchises, in all correspondence related to this collection. 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. Michael O. Jackson, Procurement Analyst, Office of Governmentwide Acquisition Policy, GSA (202) 208–4949 or email michaelo.jackson@gsa.gov. SUPPLEMENTARY INFORMATION: E:\FR\FM\25JAN1.SGM 25JAN1 5452 Federal Register / Vol. 78, No. 17 / Friday, January 25, 2013 / Notices I. Purpose The FAR requires insertion of clause 52.247–2, Permits, Authorities, or Franchises, when regulated transportation is involved. The clause requires the contractor to indicate whether it has the proper authorization from the Federal Highway Administration (or other cognizant regulatory body) to move material. The contractor may be required to provide copies of the authorization before moving material under the contract. The clause also requires the contractor, at its expense, to obtain and maintain any permits, franchises, licenses, and other authorities issued by State and local governments. The Government may request to review the documents to ensure that the contractor has complied with all regulatory requirements. telephone (202) 501–4755. Please cite OMB Control No. 9000–0053, Permits, Authorities, or Franchises, in all correspondence. Dated: January 17, 2013. William Clark, Acting Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2013–01475 Filed 1–24–13; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION II. Discussion and Analysis [Docket 2012–0076; Sequence 46; OMB Control No. 9000–0083] One respondent submitted a comment related to the submission of medical errors. The comment is not within the scope of this information collection requirement. Federal Acquisition Regulation; Submission for OMB Review; Qualification Requirements mstockstill on DSK4VPTVN1PROD with III. Annual Reporting Burden The estimated annual reporting burden has decreased from what was published in the Federal Register at 74 FR 56640, on November 2, 2009. The decrease is based on a revised estimate of the number of respondents, responses per year and response time per response. According to Fiscal Year 2011 Federal Procurement Data System (FPDS) data, 3,877 contracts were awarded to 1021 unique vendors under the North American Industry Classification System (NAICS) code 484 for trucking, where the requirements for this collection would apply. It is estimated that a maximum of 25%, or 255 of these vendors would be required to provide the information required by the clause. The information need only be gathered and submitted on an exception basis. We estimate that any respondent will be required to submit supporting information only one time annually. In addition, we think that it will take the contractor only one half hour to pull existing franchises or permits from the files. Respondents: 255. Responses per Respondent: 1. Annual Responses: 255. Hours per Response: 0.5. Total Burden Hours: 128. Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat (MVCB), 1275 First Street NE., Washington, DC 20417, VerDate Mar<15>2010 18:39 Jan 24, 2013 Jkt 229001 • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (MVCB), 1275 First Street NE., Washington, DC 20417. ATTN: Hada Flowers/IC 9000–0083, Qualification Requirements. Instructions: Please submit comments only and cite Information Collection 9000–0083, Qualification Requirements, in all correspondence related to this collection. 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: Ms. Patricia Corrigan, Procurement Analyst, Office of Governmentwide Acquisition Policy, GSA, (202) 208–1963 or patricia.corrigan@gsa.gov. SUPPLEMENTARY INFORMATION: A. Purpose Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of reinstatement request for an information collection requirement regarding an existing OMB clearance. AGENCIES: Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning Qualification Requirements. A notice was published in the Federal Register at 77 FR 51784, on August 27, 2012. One respondent submitted comments. DATES: Submit comments on or before February 25, 2013. ADDRESSES: Submit comments identified by Information Collection 9000–0083, Qualification Requirements, by any of the following methods: • Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB control number. Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘Information Collection 9000–0083, Qualification Requirements’’. Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘Information Collection 9000–0083, Qualification Requirements’’ on your attached document. SUMMARY: PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 FAR subpart 9.2 and the associated clause at FAR 52.209–1, implement the statutory requirements of 10 U.S.C. 2319 and 41 U.S.C. 3311, which allow an agency to establish a qualification requirement for testing or other quality assurance demonstration that must be completed by an offeror before award of a contract. Under the qualification requirements, an end item, or a component thereof, may be required to be prequalified. The clause at FAR 52.209–1, Qualification Requirements, requires offerors who have met the qualification requirements to identify the offeror’s name, the manufacturer’s name, source’s name, the item name, service identification, and test number (to the extent known). This eliminates the need for an offeror to provide new information when the offeror, manufacturer, source, product or service covered by qualification requirement has already met the standards specified by an agency in a solicitation. The contracting officer uses the information to determine eligibility for award when the clause at 52.209–1 is included in the solicitation. Alternatively, items not yet listed may be considered for award upon the submission of evidence of qualification with the offer. B. Analysis of Public Comments One respondent submitted public comments on the extension of the previously approved information collection. The analysis of the public comments is summarized as follows: Comment: The respondent commented that the extension of the information collection would violate the fundamental purposes of the Paperwork E:\FR\FM\25JAN1.SGM 25JAN1

Agencies

[Federal Register Volume 78, Number 17 (Friday, January 25, 2013)]
[Notices]
[Pages 5451-5452]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01475]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Docket 2012-0076; Sequence 39; OMB Control No. 9000-0053]


Federal Acquisition Regulation; Submission for OMB Review; 
Permits, Authorities, or Franchises

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

ACTION: Notice of request for public comments regarding an extension of 
a previously existing OMB clearance.

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

SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat will be submitting to the Office of Management 
and Budget (OMB) a request to review and approve an extension of a 
previously approved information collection requirement concerning 
permits, authorities, or franchises for regulated transportation. A 
notice was published in the Federal Register at 77 FR 55475, on 
September 10, 2012. One respondent submitted comments.
    Public comments are particularly invited on: Whether this 
collection of information is necessary for the proper performance of 
functions of the Federal Acquisition Regulations (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 February 25, 2013.

ADDRESSES: Submit comments identified by Information Collection 9000-
0053, Permits, Authorities, or Franchises, by any of the following 
methods:
     Regulations.gov: https://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching the OMB 
control number. Select the link ``Submit a Comment'' that corresponds 
with ``Information Collection 9000-0053, Permits, Authorities, or 
Franchises''. Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``Information Collection 9000-0053, Permits, Authorities, or 
Franchises'' on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), 1275 First Street NE., Washington, DC 20417. ATTN: 
Hada Flowers/IC 9000-0053, Permits, Authorities, or Franchises.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0053, Permits, Authorities, or Franchises, in all 
correspondence related to this collection. 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. Michael O. Jackson, Procurement 
Analyst, Office of Governmentwide Acquisition Policy, GSA (202) 208-
4949 or email michaelo.jackson@gsa.gov.

SUPPLEMENTARY INFORMATION:

[[Page 5452]]

I. Purpose

    The FAR requires insertion of clause 52.247-2, Permits, 
Authorities, or Franchises, when regulated transportation is involved. 
The clause requires the contractor to indicate whether it has the 
proper authorization from the Federal Highway Administration (or other 
cognizant regulatory body) to move material. The contractor may be 
required to provide copies of the authorization before moving material 
under the contract. The clause also requires the contractor, at its 
expense, to obtain and maintain any permits, franchises, licenses, and 
other authorities issued by State and local governments. The Government 
may request to review the documents to ensure that the contractor has 
complied with all regulatory requirements.

II. Discussion and Analysis

    One respondent submitted a comment related to the submission of 
medical errors. The comment is not within the scope of this information 
collection requirement.

III. Annual Reporting Burden

    The estimated annual reporting burden has decreased from what was 
published in the Federal Register at 74 FR 56640, on November 2, 2009. 
The decrease is based on a revised estimate of the number of 
respondents, responses per year and response time per response. 
According to Fiscal Year 2011 Federal Procurement Data System (FPDS) 
data, 3,877 contracts were awarded to 1021 unique vendors under the 
North American Industry Classification System (NAICS) code 484 for 
trucking, where the requirements for this collection would apply. It is 
estimated that a maximum of 25%, or 255 of these vendors would be 
required to provide the information required by the clause. The 
information need only be gathered and submitted on an exception basis. 
We estimate that any respondent will be required to submit supporting 
information only one time annually. In addition, we think that it will 
take the contractor only one half hour to pull existing franchises or 
permits from the files.
    Respondents: 255.
    Responses per Respondent: 1.
    Annual Responses: 255.
    Hours per Response: 0.5.
    Total Burden Hours: 128.
    Obtaining Copies of Proposals: Requesters may obtain a copy of the 
information collection documents from the General Services 
Administration, Regulatory Secretariat (MVCB), 1275 First Street NE., 
Washington, DC 20417, telephone (202) 501-4755. Please cite OMB Control 
No. 9000-0053, Permits, Authorities, or Franchises, in all 
correspondence.

    Dated: January 17, 2013.
William Clark,
Acting Director, Federal Acquisition Policy Division, Office of 
Governmentwide Acquisition Policy, Office of Acquisition Policy, Office 
of Governmentwide Policy.
[FR Doc. 2013-01475 Filed 1-24-13; 8:45 am]
BILLING CODE 6820-EP-P
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