Submission for OMB Review; Prospective Subcontractor Requests for Bonds, 6905-6906 [2014-02350]

Agencies

• DEPARTMENT OF DEFENSE
• General Services Administration
• National Aeronautics and Space Administration

[Federal Register Volume 79, Number 24 (Wednesday, February 5, 2014)]
[Notices]
[Pages 6905-6906]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02350]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0135; Docket 2013-0077; Sequence 12]


Submission for OMB Review; Prospective Subcontractor Requests for 
Bonds

AGENCY: 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 to 
an existing OMB clearance.

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SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 
(44 U.S.C. Chapter 35), the Regulatory Secretariat Division 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 concerning subcontractor requests for bonds. A notice was 
published in the Federal Register 78 FR 56896 on September 16, 2013. 
One comment was received.

DATES: Submit comments on or before March 7, 2014.

ADDRESSES: Submit comments identified by Information Collection 9000-
0135 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 9000-0135. Select the link ``Comment Now'' that 
corresponds with ``Information Collection 9000-0135, Prospective 
Subcontractor Requests for Bond.'' Follow the instructions provided on 
the screen. Please include your name, company name (if any), and 
``Information Collection 9000-0135, Prospective Subcontractor Requests 
for Bond'' on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, Washington, 
DC 20405-0001. ATTN: Ms. Flowers/IC 9000-0135.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0135, 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.

[[Page 6906]]


FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement 
Analyst, Acquisition Policy Division, GSA 202-219-0202 or email 
Cecelia.davis@gsa.gov.

SUPPLEMENTARY INFORMATION:

A. Purpose

    Part 28 of the Federal Acquisition Regulation contains guidance 
related to obtaining financial protection against damages under 
Government contracts (e.g., use of bonds, bid guarantees, insurance 
etc.). Part 52 contains the texts of solicitation provisions and 
contract clauses. These regulations implement a statutory requirement 
for information to be provided by Federal contractors relating to 
payment bonds furnished under construction contracts which are subject 
to 40 U.S.C. chapter 31, subchapter III, Bonds. This collection 
requirement is mandated by Section 806 of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (Pub. L. 102-190), as 
amended by Section 2091 of the Federal Acquisition Streamlining Act of 
1994 (Pub. L. 103-335). The clause at FAR 52.228-12, Prospective 
Subcontractor Requests for Bonds, implements Section 806(a)(3) of 
Public Law 102-190, as amended, which specifies that, upon the request 
of a prospective subcontractor or supplier offering to furnish labor or 
material for the performance of a construction contract for which a 
payment bond has been furnished to the United States pursuant to 40 
U.S.C. chapter 31, subchapter III, Bonds, the contractor shall promptly 
provide a copy of such payment bond to the requestor.
    In conjunction with performance bonds, payment bonds are used in 
Government construction contracts to secure fulfillment of the 
contractor's obligations under the contract and to assure that the 
contractor makes all payments, as required by law, to persons 
furnishing labor or material in performance of the contract. This 
regulation provides prospective subcontractors and suppliers a copy of 
the payment bond furnished by the contractor to the Government for the 
performance of a Federal construction contract subject to 40 U.S.C. 
chapter 31, subchapter III, Bonds. It is expected that prospective 
subcontractors and suppliers will use this information to determine 
whether to contract with that particular prime contractor. This 
information has been and will continue to be available from the 
Government. The requirement for contractors to provide a copy of the 
payment bond upon request to any prospective subcontractor or supplier 
under the Federal construction contract is contained in Section 806(a) 
(3) of Public Law 102-190, as amended by Sections 2091 and 8105 of 
Public Law 103-355.

B. Analysis of Public Comments

    A notice was published in the Federal Register at 78 FR 56896 on 
September 16, 2013. One respondent submitted public comments on the 
extension of the previously approved information collection. The 
analysis of public comments is summarized as follows:
    Comment: The respondent agrees that subcontractors and prospective 
subcontractors should have access to copies of the payment bonds and 
has advocated for this process. By having access to the bonds, the 
subcontractors and prospective subcontractors have the advantage of 
having insight on the prime contractor. At this time, the commenter 
does not have a recommendation for an alternative method for making 
this data available. However, the respondent recommends that 
alternatives be explored with associations involved and representing 
the surety industry.
     Response: Because the respondent's suggestions neither question 
nor affect the information collection estimates included in this 
request for extension, the request for approval to extend this 
information collection will be submitted without change. However, the 
recommendation will be researched, and, as determined appropriate, 
revised as a separate action.

C. Annual Reporting Burden

    No changes are being made to the burden.
    Respondents: 14,628.
    Responses per Respondent: 1.
    Total Responses: 14,628.
    Hours per Response: .25.
    Total Burden Hours: 3,657.
    Obtaining Copies of Proposals: Requesters may obtain a copy of the 
information collection documents from the General Services 
Administration, Regulatory Secretariat Division (MVCB), 1800 F Street 
NW., 2nd Floor, Washington, DC 20405, telephone 202-501-4755. Please 
cite OMB Control Number 9000-0135, Prospective Subcontractor Requests 
for Bonds, in all correspondence.

    Dated: January 30, 2014.
Karlos Morgan,
Acting Director, Federal Acquisition Policy Division, Office of 
Government-wide Acquisition Policy, Office of Acquisition Policy, 
Office of Government-wide Policy.
[FR Doc. 2014-02350 Filed 2-4-14; 8:45 am]
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