Information Collection; Certain Federal Acquisition Regulation Part 32 Requirements, 15997-16000 [2022-05894]

Download as PDF Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices assistance from sales personnel. Staff believes that the mean hourly income for workers in sales and related occupations is an appropriate measure of a direct marketer’s average labor cost to comply with the Rule. Thus, the total annual labor cost to new and established businesses for MITOR compliance during the three-year period for which OMB approval is sought would be approximately $82,269,450 (3,117,410 hours × $26.39/hour). Relative to direct industry sales, this total is negligible.9 Request for Comments khammond on DSKJM1Z7X2PROD with NOTICES Pursuant to Section 3506(c)(2)(A) of the PRA, the FTC invites comments on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of maintaining records and providing disclosures to consumers. All comments must be received on or before May 20, 2022. You can file a comment online or on paper. For the FTC to consider your comment, we must receive it on or before May 20, 2022. Write ‘‘Paperwork Reduction Act Comment: FTC File No. P072108’’ on your comment. Your comment—including your name and your state—will be placed on the public record of this proceeding, including the https://www.regulations.gov website. Due to the public health emergency in response to the COVID–19 outbreak and the agency’s heightened security screening, postal mail addressed to the Commission will be subject to delay. We encourage you to submit your comments online through the https:// www.regulations.gov website. If you prefer to file your comment on paper, write ‘‘Paperwork Reduction Act Comment: FTC File No. P072108’’ on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite CC– 9 Considering that sales for ‘‘electronic shopping and mail order houses’’ grew from $295 billion in 2011 to $668 billion in 2019, staff estimates the annual mail, internet, or telephone sales to consumers in the three year period for which OMB clearance is sought will average $1.1 trillion. Thus, the projected average labor cost for MITOR compliance by existing and new businesses for that period would amount to 0.007% of sales. VerDate Sep<11>2014 21:01 Mar 18, 2022 Jkt 256001 5610 (Annex J), Washington, DC 20580; or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610 (Annex J), Washington, DC 20024. If possible, submit your paper comment to the Commission by courier or overnight service. Because your comment will become publicly available at https:// www.regulations.gov, you are solely responsible for making sure that your comment does not include any sensitive or confidential information. In particular, your comment should not include any sensitive personal information, such as your or anyone else’s Social Security number; date of birth; driver’s license number or other state identification number, or foreign country equivalent; passport number; financial account number; or credit or debit card number. You are also solely responsible for making sure that your comment does not include any sensitive health information, such as medical records or other individually identifiable health information. In addition, your comment should not include any ‘‘trade secret or any commercial or financial information which . . . . is privileged or confidential’’—as provided by Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— including in particular competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. Comments containing material for which confidential treatment is requested must be filed in paper form, must be clearly labeled ‘‘Confidential,’’ and must comply with FTC Rule 4.9(c). In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c). Your comment will be kept confidential only if the General Counsel grants your request in accordance with the law and the public interest. Once your comment has been posted publicly at www.regulations.gov, we cannot redact or remove your comment unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule 4.9(c), and the General Counsel grants that request. The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding, as PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 15997 appropriate. The Commission will consider all timely and responsive public comments that it receives on or before May 20, 2022. For information on the Commission’s privacy policy, including routine uses permitted by the Privacy Act, see https://www.ftc.gov/ site-information/privacy-policy. Josephine Liu, Assistant General Counsel for Legal Counsel. [FR Doc. 2022–05850 Filed 3–18–22; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0073; Docket No. 2022–0053; Sequence No. 9] Information Collection; Certain Federal Acquisition Regulation Part 32 Requirements Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, and the Office of Management and Budget (OMB) regulations, DoD, GSA, and NASA invite the public to comment on a revision concerning certain Federal Acquisition Regulation part 32 requirements. DoD, GSA, and NASA invite comments on: Whether the proposed collection of information is necessary for the proper performance of the functions of Federal Government acquisitions, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. OMB has approved this information collection for use through July 31, 2022. DoD, GSA, and NASA propose that OMB extend its approval for use for three additional years beyond the current expiration date. DATES: DoD, GSA, and NASA will consider all comments received by May 20, 2022. SUMMARY: E:\FR\FM\21MRN1.SGM 21MRN1 15998 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices DoD, GSA, and NASA invite interested persons to submit comments on this collection through https://www.regulations.gov and follow the instructions on the site. This website provides the ability to type short comments directly into the comment field or attach a file for lengthier comments. If there are difficulties submitting comments, contact the GSA Regulatory Secretariat Division at 202– 501–4755 or GSARegSec@gsa.gov. Instructions: All items submitted must cite OMB Control No. 9000–0073, Certain Federal Acquisition Regulation Part 32 Requirements. Comments received generally will be posted without change to https:// www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two-to-three days after submission to verify posting. FOR FURTHER INFORMATION CONTACT: Zenaida Delgado, Procurement Analyst, at telephone 202–969–7207, or zenaida.delgado@gsa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: A. OMB Control Number, Title, and Any Associated Form(s) 9000–0073, Certain Federal Acquisition Regulation Part 32 Requirements. khammond on DSKJM1Z7X2PROD with NOTICES B. Need and Uses DoD, GSA, and NASA are combining OMB Control Nos. for the Federal Acquisition Regulation (FAR) by FAR part. This consolidation is expected to improve industry’s ability to easily and efficiently identify burdens associated with a given FAR part. The review of the information collections by FAR part allows improved oversight to ensure there is no redundant or unaccounted for burden placed on industry. Lastly, combining information collections in a given FAR part is also expected to reduce the administrative burden associated with processing multiple information collections. This justification supports the revision of OMB Control No. 9000–0073 and combines it with the previously approved information collections under OMB Control Nos. 9000–0070, 9000– 0074, 9000–0102, and 9000–0144, with the new title ‘‘Certain Federal Acquisition Regulation Part 32 Requirements’’. Upon approval of this consolidated information collection, OMB Control Nos. 9000–0070, 9000– 0074, 9000–0102, and 9000–0144 will be discontinued. The burden requirements previously approved VerDate Sep<11>2014 21:01 Mar 18, 2022 Jkt 256001 under the discontinued numbers will be covered under OMB Control No. 9000– 0073. This clearance covers the information that offerors, contractors, or both must submit to comply with the following FAR requirements: FAR 32.408, Application for advance payments. In accordance with FAR 32.408(b), contractors requesting advance payments must submit their request in writing to the contracting officer and provide the following information: Æ A reference to the contract if the request concerns an existing contract, or a reference to the solicitation if the request concerns a proposed contract. Æ A cash flow forecast showing estimated disbursements and receipts for the period of contract performance. Æ The proposed total amount of advance payments. Æ The name and address of the financial institution at which the contractor expects to establish a special account as depository for the advance payments. Æ A description of the contractor’s efforts to obtain unguaranteed private financing or a V-loan under eligible contracts. Æ Other information appropriate to an understanding of D the contractor’s financial condition and need, D the contractor’s ability to perform the contract without loss to the Government, and D financial safeguards needed to protect the Government’s interest. The information is used to determine if advance payments should be provided to the contractor. FAR 52.232–1 through 52.232–4, 52.232–6, 52.232–7, and 52.232–10— Payments. The following FAR clauses require the contractor to (as appropriate to the payment terms specified in the contract) provide a proper invoice or voucher. The information is used to determine the proper amount of payments to Federal contractors. Æ 52.232–1, Payments. Æ 52.232–2, Payments under FixedPrice Research and Development Contracts. Æ 52.232–3, Payments under Personal Services Contracts. Æ 52.232–4, Payments under Transportation Contracts and Transportation-Related Services Contracts. Æ 52.232–6, Payment under Communication Service Contracts with Common Carriers. Æ 52.232–7, Payments under Timeand-Materials and Labor-Hour Contracts. PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 Æ 52.232–10, Payments under FixedPrice Architect-Engineer Contracts. ‘‘Proper invoice’’ is defined in FAR part 2 as an invoice that meets the minimum standards specified in FAR 32.905(b), which include the following items: Æ Name and address of the contractor. Æ Invoice date and invoice number. Æ Contract number or other authorization for supplies delivered or services performed (including order number and line item number). Æ Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. Æ Shipping and payment terms. Æ Name and address of contractor official to whom payment is to be sent. Æ Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice. Æ Taxpayer Identification Number (TIN) if required by agency procedures. Æ Electronic funds transfer (EFT) banking information if required by agency procedures. Æ Any other information or documentation required by the contract (e.g., evidence of shipment). FAR 52.232–5, Payments under FixedPrice Construction Contracts. This clause requires the contractor’s request for progress payments to include the following substantiation: Æ An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested. Æ A listing of the amount included for work performed by each subcontractor under the contract. Æ A listing of the total amount of each subcontract under the contract. Æ A listing of the amounts previously paid to each such subcontractor under the contract. Æ Additional supporting data in a form and detail required by the contracting officer. Paragraph (c) of FAR clause 52.232– 5 requires contractors to provide a certification with each request for progress payment certifying that— Æ The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract; Æ All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by the certification; Æ The request for progress payment does not include any amounts which E:\FR\FM\21MRN1.SGM 21MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and Æ The certification is not to be construed as final acceptance of a subcontractor’s performance. Paragraph (d) of FAR clause 52.232– 5 requires contractors to notify contracting officers, if the contractor, after making a certified request for progress payments, discovers that a portion or all of the request constitutes a payment for performance by the contractor that fails to conform to the specifications, terms, and conditions of the contract. Contractors must notify the contracting officer that the performance deficiency has been corrected. The information is used to determine the proper amount of payments to Federal contractors for construction contracts. FAR 52.232–12, Advance Payments. If advance payments are authorized, this clause requires contractors to submit the following: Æ Per paragraph (g)—The financial institution agreement, in the form prescribed by the administering office, establishing the special account, and clearly setting forth the special character of the account and the responsibilities of the financial institution under the account. Æ Per paragraph (i)(3)—Notification of a lien in favor of the Government to a third person receiving any items or materials on which the Government has a lien, and a receipt from that third person acknowledging the existence of the lien. Contractors are also required to provide a copy of each receipt to the contracting officer. Æ Per paragraph (m)—(1) Monthly, signed or certified balance sheets and profit and loss statements together with a report on the operation of the special account in the form prescribed by the administering office; and (2) If requested, other information concerning the operation of the contractor’s business. (This same requirement is at paragraph (j) of the clause with its Alternate V.) If advance payments are authorized, the information is used to ensure proper procedures are followed to protect the Government’s interest. FAR 52.232–20 and 52.232–22— Limitation of Costs or Funds. FAR clause 52.232–20, Limitation of Cost, requires the contractor to notify the contracting officer in writing whenever it has reason to believe that— Æ The costs the contractors expect to incur under the contract in the next 60 days, when added to all costs previously VerDate Sep<11>2014 21:01 Mar 18, 2022 Jkt 256001 incurred, will exceed 75 percent of the estimated cost of the contracts; or Æ The total cost for the performance of the contract will be greater or substantially less than estimated. As part of the notification, the contractor must provide a revised estimate of the total cost of performing the contract. FAR clause 52.232–22, Limitation of Funds, requires the contractor to notify the contracting officer in writing whenever it has reason to believe that the costs it expects to incur under the contract in the next 60 days, when added to all costs previously incurred, will exceed 75 percent of (1) the total amount so far allotted to the contract by the Government or, (2) if this is a costsharing contract, the amount then allotted to the contract by the Government plus the contractor’s corresponding share. The notice must state the estimated amount of additional funds required to continue performance for the contract period. Sixty days before the end of the contract period, the contractor must notify the contracting officer in writing of the estimated amount of additional funds, if any, required to continue performance under the contract, and when the funds will be required. The information is used to avoid cost overruns and to ensure that funding is available to complete work under Federal contracts. FAR 52.232–27, Prompt Payment for Construction Contracts. Paragraph (a)(6)(ii) of FAR clause 52.232–27 requires contractors making a written demand to the designated payment office for additional penalty payment to support their demand with the following data: • Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required; • Attach a copy of the invoice on which the unpaid late payment interest was due; and • State that payment of the principal has been received, including the date of receipt. Paragraph (e)(5) of FAR clause 52.232–27 requires contractors to notify contracting officers upon— • Reduction of the amount of any subsequent certified application for payment; or • Payment to the subcontractor of any withheld amounts of a progress payment, specifying: The amounts withheld; and the dates that the withholding began and ended. Paragraph (g) of FAR clause 52.232– 27 requires contractors to issue a written PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 15999 notice of any withholding to a subcontractor (with copy to the contracting officer), specifying— • The amount to be withheld; • The specific causes for the withholding under the terms of the subcontract; and • The remedial actions to be taken by the subcontractor in order to receive payment of the amounts withheld. Paragraph (l) of FAR clause 52.232–27 requires contractors to remit overpayments to the payment office cited in the contract along with a description that includes the following: • Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); • Affected contract number and delivery order number if applicable; • Affected line item or subline item, if applicable; and • Contractor point of contact. Contractors are required to provide a copy of the remittance and supporting documentation to the contracting officer. The information is used to understand when the contractor withholds amounts from subcontractors and suppliers after the Government has already paid the contractor the amounts withheld. FAR 52.232–34, Payment by Electronic Funds Transfer—Other than System for Award Management. This clause requires contractors to provide the following information to enable the Government to make payments under the contract by EFT: Æ The contract number (or other procurement identification number). Æ The contractor’s name and remittance address. Æ The signature, title, and telephone number of the contractor official authorized to provide this information. Æ The name, address, and 9-digit Routing Transit Number of the contractor’s financial agent. Æ The contractor’s account number and the type of account. Æ If applicable, the Fedwire Transfer System telegraphic abbreviation of the contractor’s financial agent. Æ If applicable, the contractor must provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the contractor’s financial agent is not directly on-line to the Fedwire Transfer System. The burden to provide the information required by the FAR clause at 52.232–33, Payment by Electronic Funds Transfer—System for Award Management, is covered by OMB Control Number 9000–0189, Certain E:\FR\FM\21MRN1.SGM 21MRN1 16000 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices Federal Acquisition Regulation Part 4 Requirements. OMB Control Number 9000–0189 accounts for new registrations and renewals in the System for Award Management, which includes providing the EFT information. The information is used to enable the Government to make contract payments by EFT. C. Annual Burden Respondents: 275,319. Total Annual Responses: 1,817,432. Total Burden Hours: 471,947. Obtaining Copies: Requesters may obtain a copy of the information collection documents from the GSA Regulatory Secretariat Division, by calling 202–501–4755 or emailing GSARegSec@gsa.gov. Please cite OMB Control No. 9000–0073, Certain Federal Acquisition Regulation Part 32 Requirements. Janet Fry, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2022–05894 Filed 3–18–22; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION A. OMB Control Number, Title, and Any Associated Form(s) NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 9000–0066, Certain Federal Acquisition Regulation Part 22 Labor Requirements. [OMB Control No. 9000–0066; Docket No. 2022–0053; Sequence No. 2] B. Needs and Uses Submission for OMB Review; Certain Federal Acquisition Regulation Part 22 Labor Requirements Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice. AGENCY: Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement regarding certain Federal Acquisition Regulation (FAR) part 22 labor requirements. DATES: Submit comments on or before April 20, 2022. ADDRESSES: Written comments and recommendations for this information collection should be sent within 30 days of publication of this notice to khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 21:01 Mar 18, 2022 www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under Review—Open for Public Comments’’ or by using the search function. Additionally, submit a copy to GSA through https://www.regulations.gov and follow the instructions on the site. This website provides the ability to type short comments directly into the comment field or attach a file for lengthier comments. Instructions: All items submitted must cite OMB Control No. 9000–0066, Certain Federal Acquisition Regulation Part 22 Labor Requirements. Comments received generally will be posted without change to https:// www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two-to-three days after submission to verify posting. If there are difficulties submitting comments, contact the GSA Regulatory Secretariat Division at 202–501–4755 or GSARegSec@gsa.gov. FOR FURTHER INFORMATION CONTACT: Jennifer Hawes, Procurement Analyst, at telephone 202–969–7386, or jennifer.hawes@gsa.gov. SUPPLEMENTARY INFORMATION: Jkt 256001 This clearance covers the information that offerors and contractors must submit to comply with the following FAR requirements: • FAR 52.222–2, Payment for Overtime Premiums. This clause requires the contractor to request authorization for overtime premiums costs that exceed the amount negotiated in the contract. The request shall include information on the affected work unit current staffing and workload, how a denial of the request would impact performance on the instant contract or other contracts, and reasons why the work cannot be performed by using multishift operations or by employing additional personnel. Contracting officers uses this information to evaluate whether the overtime is necessary. • FAR 52.222–6, Construction Wage Rate Requirements, and the Standard Form (SF) 1444. This clause requires the contractor to establish additional classifications, if any laborer or PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 mechanic is to be employed in a classification that is not listed in the wage determination applicable to the contract. In such cases, the contractor is required to complete and submit an SF 1444, Request for Authorization of Additional Classification and Rate, along with other pertinent data, containing the proposed additional classification and minimum wage rate including any fringe benefits payments. The contracting officer submits the SF 1444 to the DOL Wage and Hour Division with a request for conformance review to determine the appropriateness of the request. • FAR 52.222–11, Subcontracts (Labor Standards), and the SF 1413. This clause requires contractors to submit an SF 1413, Statement and Acknowledgment, for each subcontract for construction within the United States, including the subcontractor’s signed and dated acknowledgment that the required labor clauses necessary to implement various labor statutes have been included in the subcontract. Contracting officers review the information on the form to ascertain whether contractors have included the required labor clauses in their subcontracts. • FAR 52.222–18, Certification Regarding Knowledge of Child Labor for Listed End Products. This provision (and its commercial equivalent in the provision at 52.212–3) requires the offeror, as part of its annual representations and certifications, to either certify in paragraph (c)(1) that it will not supply an end product of a type identified on the Department of Labor (DOL) List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor (https:// www.dol.gov/agencies/ilab), or certify in paragraph (c)(2) that it has made a good faith effort to determine whether such child labor was used to mine, produce, or manufacture such end product, and is unaware of any such use of child labor. This information is used by Government to ensure that a good faith effort has been made to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product on the List furnished under the contract. • FAR 52.222–33, Notice of Requirement for Project Labor Agreement. When a project labor agreement (PLA) (a pre-hire collective bargaining agreement described in 29 U.S.C. 158(f)) is required for a largescale construction contract, this provision requires the offeror to submit a copy of a PLA at the time offers are due, prior to award, or after contract award as determined by the agency. E:\FR\FM\21MRN1.SGM 21MRN1

Agencies

[Federal Register Volume 87, Number 54 (Monday, March 21, 2022)]
[Notices]
[Pages 15997-16000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05894]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0073; Docket No. 2022-0053; Sequence No. 9]


Information Collection; Certain Federal Acquisition Regulation 
Part 32 Requirements

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

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, and 
the Office of Management and Budget (OMB) regulations, DoD, GSA, and 
NASA invite the public to comment on a revision concerning certain 
Federal Acquisition Regulation part 32 requirements.
    DoD, GSA, and NASA invite comments on: Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of Federal Government acquisitions, including whether the 
information will have practical utility; the accuracy of the estimate 
of the burden of the proposed information collection; ways to enhance 
the quality, utility, and clarity of the information to be collected; 
and ways to minimize the burden of the information collection on 
respondents, including the use of automated collection techniques or 
other forms of information technology. OMB has approved this 
information collection for use through July 31, 2022. DoD, GSA, and 
NASA propose that OMB extend its approval for use for three additional 
years beyond the current expiration date.

DATES: DoD, GSA, and NASA will consider all comments received by May 
20, 2022.

[[Page 15998]]


ADDRESSES: DoD, GSA, and NASA invite interested persons to submit 
comments on this collection through https://www.regulations.gov and 
follow the instructions on the site. This website provides the ability 
to type short comments directly into the comment field or attach a file 
for lengthier comments. If there are difficulties submitting comments, 
contact the GSA Regulatory Secretariat Division at 202-501-4755 or 
[email protected].
    Instructions: All items submitted must cite OMB Control No. 9000-
0073, Certain Federal Acquisition Regulation Part 32 Requirements. 
Comments received generally will be posted without change to https://www.regulations.gov, including any personal and/or business 
confidential information provided. To confirm receipt of your 
comment(s), please check www.regulations.gov, approximately two-to-
three days after submission to verify posting.

FOR FURTHER INFORMATION CONTACT: Zenaida Delgado, Procurement Analyst, 
at telephone 202-969-7207, or [email protected].

SUPPLEMENTARY INFORMATION: 

A. OMB Control Number, Title, and Any Associated Form(s)

    9000-0073, Certain Federal Acquisition Regulation Part 32 
Requirements.

B. Need and Uses

    DoD, GSA, and NASA are combining OMB Control Nos. for the Federal 
Acquisition Regulation (FAR) by FAR part. This consolidation is 
expected to improve industry's ability to easily and efficiently 
identify burdens associated with a given FAR part. The review of the 
information collections by FAR part allows improved oversight to ensure 
there is no redundant or unaccounted for burden placed on industry. 
Lastly, combining information collections in a given FAR part is also 
expected to reduce the administrative burden associated with processing 
multiple information collections.
    This justification supports the revision of OMB Control No. 9000-
0073 and combines it with the previously approved information 
collections under OMB Control Nos. 9000-0070, 9000-0074, 9000-0102, and 
9000-0144, with the new title ``Certain Federal Acquisition Regulation 
Part 32 Requirements''. Upon approval of this consolidated information 
collection, OMB Control Nos. 9000-0070, 9000-0074, 9000-0102, and 9000-
0144 will be discontinued. The burden requirements previously approved 
under the discontinued numbers will be covered under OMB Control No. 
9000-0073.
    This clearance covers the information that offerors, contractors, 
or both must submit to comply with the following FAR requirements:
    FAR 32.408, Application for advance payments. In accordance with 
FAR 32.408(b), contractors requesting advance payments must submit 
their request in writing to the contracting officer and provide the 
following information:
    [cir] A reference to the contract if the request concerns an 
existing contract, or a reference to the solicitation if the request 
concerns a proposed contract.
    [cir] A cash flow forecast showing estimated disbursements and 
receipts for the period of contract performance.
    [cir] The proposed total amount of advance payments.
    [cir] The name and address of the financial institution at which 
the contractor expects to establish a special account as depository for 
the advance payments.
    [cir] A description of the contractor's efforts to obtain 
unguaranteed private financing or a V-loan under eligible contracts.
    [cir] Other information appropriate to an understanding of
    [ssquf] the contractor's financial condition and need,
    [ssquf] the contractor's ability to perform the contract without 
loss to the Government, and
    [ssquf] financial safeguards needed to protect the Government's 
interest.
    The information is used to determine if advance payments should be 
provided to the contractor.
    FAR 52.232-1 through 52.232-4, 52.232-6, 52.232-7, and 52.232-10--
Payments. The following FAR clauses require the contractor to (as 
appropriate to the payment terms specified in the contract) provide a 
proper invoice or voucher. The information is used to determine the 
proper amount of payments to Federal contractors.
    [cir] 52.232-1, Payments.
    [cir] 52.232-2, Payments under Fixed-Price Research and Development 
Contracts.
    [cir] 52.232-3, Payments under Personal Services Contracts.
    [cir] 52.232-4, Payments under Transportation Contracts and 
Transportation-Related Services Contracts.
    [cir] 52.232-6, Payment under Communication Service Contracts with 
Common Carriers.
    [cir] 52.232-7, Payments under Time-and-Materials and Labor-Hour 
Contracts.
    [cir] 52.232-10, Payments under Fixed-Price Architect-Engineer 
Contracts.
    ``Proper invoice'' is defined in FAR part 2 as an invoice that 
meets the minimum standards specified in FAR 32.905(b), which include 
the following items:
    [cir] Name and address of the contractor.
    [cir] Invoice date and invoice number.
    [cir] Contract number or other authorization for supplies delivered 
or services performed (including order number and line item number).
    [cir] Description, quantity, unit of measure, unit price, and 
extended price of supplies delivered or services performed.
    [cir] Shipping and payment terms.
    [cir] Name and address of contractor official to whom payment is to 
be sent.
    [cir] Name (where practicable), title, phone number, and mailing 
address of person to notify in the event of a defective invoice.
    [cir] Taxpayer Identification Number (TIN) if required by agency 
procedures.
    [cir] Electronic funds transfer (EFT) banking information if 
required by agency procedures.
    [cir] Any other information or documentation required by the 
contract (e.g., evidence of shipment).
    FAR 52.232-5, Payments under Fixed-Price Construction Contracts. 
This clause requires the contractor's request for progress payments to 
include the following substantiation:
    [cir] An itemization of the amounts requested, related to the 
various elements of work required by the contract covered by the 
payment requested.
    [cir] A listing of the amount included for work performed by each 
subcontractor under the contract.
    [cir] A listing of the total amount of each subcontract under the 
contract.
    [cir] A listing of the amounts previously paid to each such 
subcontractor under the contract.
    [cir] Additional supporting data in a form and detail required by 
the contracting officer.
    Paragraph (c) of FAR clause 52.232-5 requires contractors to 
provide a certification with each request for progress payment 
certifying that--
    [cir] The amounts requested are only for performance in accordance 
with the specifications, terms, and conditions of the contract;
    [cir] All payments due to subcontractors and suppliers from 
previous payments received under the contract have been made, and 
timely payments will be made from the proceeds of the payment covered 
by the certification;
    [cir] The request for progress payment does not include any amounts 
which

[[Page 15999]]

the prime contractor intends to withhold or retain from a subcontractor 
or supplier in accordance with the terms and conditions of the 
subcontract; and
    [cir] The certification is not to be construed as final acceptance 
of a subcontractor's performance.
    Paragraph (d) of FAR clause 52.232-5 requires contractors to notify 
contracting officers, if the contractor, after making a certified 
request for progress payments, discovers that a portion or all of the 
request constitutes a payment for performance by the contractor that 
fails to conform to the specifications, terms, and conditions of the 
contract. Contractors must notify the contracting officer that the 
performance deficiency has been corrected.
    The information is used to determine the proper amount of payments 
to Federal contractors for construction contracts.
    FAR 52.232-12, Advance Payments. If advance payments are 
authorized, this clause requires contractors to submit the following:
    [cir] Per paragraph (g)--The financial institution agreement, in 
the form prescribed by the administering office, establishing the 
special account, and clearly setting forth the special character of the 
account and the responsibilities of the financial institution under the 
account.
    [cir] Per paragraph (i)(3)--Notification of a lien in favor of the 
Government to a third person receiving any items or materials on which 
the Government has a lien, and a receipt from that third person 
acknowledging the existence of the lien. Contractors are also required 
to provide a copy of each receipt to the contracting officer.
    [cir] Per paragraph (m)--(1) Monthly, signed or certified balance 
sheets and profit and loss statements together with a report on the 
operation of the special account in the form prescribed by the 
administering office; and (2) If requested, other information 
concerning the operation of the contractor's business. (This same 
requirement is at paragraph (j) of the clause with its Alternate V.)
    If advance payments are authorized, the information is used to 
ensure proper procedures are followed to protect the Government's 
interest.
    FAR 52.232-20 and 52.232-22--Limitation of Costs or Funds. FAR 
clause 52.232-20, Limitation of Cost, requires the contractor to notify 
the contracting officer in writing whenever it has reason to believe 
that--
    [cir] The costs the contractors expect to incur under the contract 
in the next 60 days, when added to all costs previously incurred, will 
exceed 75 percent of the estimated cost of the contracts; or
    [cir] The total cost for the performance of the contract will be 
greater or substantially less than estimated.
    As part of the notification, the contractor must provide a revised 
estimate of the total cost of performing the contract.
    FAR clause 52.232-22, Limitation of Funds, requires the contractor 
to notify the contracting officer in writing whenever it has reason to 
believe that the costs it expects to incur under the contract in the 
next 60 days, when added to all costs previously incurred, will exceed 
75 percent of (1) the total amount so far allotted to the contract by 
the Government or, (2) if this is a cost-sharing contract, the amount 
then allotted to the contract by the Government plus the contractor's 
corresponding share. The notice must state the estimated amount of 
additional funds required to continue performance for the contract 
period. Sixty days before the end of the contract period, the 
contractor must notify the contracting officer in writing of the 
estimated amount of additional funds, if any, required to continue 
performance under the contract, and when the funds will be required.
    The information is used to avoid cost overruns and to ensure that 
funding is available to complete work under Federal contracts.
    FAR 52.232-27, Prompt Payment for Construction Contracts. Paragraph 
(a)(6)(ii) of FAR clause 52.232-27 requires contractors making a 
written demand to the designated payment office for additional penalty 
payment to support their demand with the following data:
     Specifically assert that late payment interest is due 
under a specific invoice, and request payment of all overdue late 
payment interest penalty and such additional penalty as may be 
required;
     Attach a copy of the invoice on which the unpaid late 
payment interest was due; and
     State that payment of the principal has been received, 
including the date of receipt.
    Paragraph (e)(5) of FAR clause 52.232-27 requires contractors to 
notify contracting officers upon--
     Reduction of the amount of any subsequent certified 
application for payment; or
     Payment to the subcontractor of any withheld amounts of a 
progress payment, specifying: The amounts withheld; and the dates that 
the withholding began and ended.
    Paragraph (g) of FAR clause 52.232-27 requires contractors to issue 
a written notice of any withholding to a subcontractor (with copy to 
the contracting officer), specifying--
     The amount to be withheld;
     The specific causes for the withholding under the terms of 
the subcontract; and
     The remedial actions to be taken by the subcontractor in 
order to receive payment of the amounts withheld.
    Paragraph (l) of FAR clause 52.232-27 requires contractors to remit 
overpayments to the payment office cited in the contract along with a 
description that includes the following:
     Circumstances of the overpayment (e.g., duplicate payment, 
erroneous payment, liquidation errors, date(s) of overpayment);
     Affected contract number and delivery order number if 
applicable;
     Affected line item or subline item, if applicable; and
     Contractor point of contact.
    Contractors are required to provide a copy of the remittance and 
supporting documentation to the contracting officer.
    The information is used to understand when the contractor withholds 
amounts from subcontractors and suppliers after the Government has 
already paid the contractor the amounts withheld.
    FAR 52.232-34, Payment by Electronic Funds Transfer--Other than 
System for Award Management. This clause requires contractors to 
provide the following information to enable the Government to make 
payments under the contract by EFT:
    [cir] The contract number (or other procurement identification 
number).
    [cir] The contractor's name and remittance address.
    [cir] The signature, title, and telephone number of the contractor 
official authorized to provide this information.
    [cir] The name, address, and 9-digit Routing Transit Number of the 
contractor's financial agent.
    [cir] The contractor's account number and the type of account.
    [cir] If applicable, the Fedwire Transfer System telegraphic 
abbreviation of the contractor's financial agent.
    [cir] If applicable, the contractor must provide the name, address, 
telegraphic abbreviation, and 9-digit Routing Transit Number of the 
correspondent financial institution receiving the wire transfer payment 
if the contractor's financial agent is not directly on-line to the 
Fedwire Transfer System.
    The burden to provide the information required by the FAR clause at 
52.232-33, Payment by Electronic Funds Transfer--System for Award 
Management, is covered by OMB Control Number 9000-0189, Certain

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Federal Acquisition Regulation Part 4 Requirements. OMB Control Number 
9000-0189 accounts for new registrations and renewals in the System for 
Award Management, which includes providing the EFT information.
    The information is used to enable the Government to make contract 
payments by EFT.

C. Annual Burden

    Respondents: 275,319.
    Total Annual Responses: 1,817,432.
    Total Burden Hours: 471,947.
    Obtaining Copies: Requesters may obtain a copy of the information 
collection documents from the GSA Regulatory Secretariat Division, by 
calling 202-501-4755 or emailing [email protected]. Please cite OMB 
Control No. 9000-0073, Certain Federal Acquisition Regulation Part 32 
Requirements.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2022-05894 Filed 3-18-22; 8:45 am]
BILLING CODE 6820-EP-P