Submission for OMB Review; Prospective Subcontractor Requests for Bonds, 58275-58276 [2023-18353]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices many other practices.26 The Commission also initiated multiple actions challenging mergers or series of acquisitions on the basis of Section 5 violations, separate and aside from Sherman or Clayton Act liability.27 In the 1980s, however, the Commission backed away from bringing standalone Section 5 cases. In 2015, the Commission effectively collapsed the distinction between Section 5 and the other antitrust statutes. Today’s action represents the first time in decades that the Commission has challenged a deal as a standalone violation of Section 5. It should remind market participants that transactions that might not strictly violate Section 7 can still pose a risk to competition that the FTC has a statutory obligation to address. Quantum’s position on EQT’s board of directors and its role as one of EQT’s largest shareholders would provide Quantum with the ability to sway or influence EQT’s competitive decisionmaking and to access EQT’s competitively sensitive information. The Commission’s complaint alleges these risks are particularly serious given certain past actions by the parties, as well as the natural gas industry’s history of encouraging the exchange of competitively sensitive information and public signaling to competitors. The complaint alleges that the two firms’ TMC joint venture separately violates Section 5 of the FTC Act as it creates additional opportunities for sharing competitively sensitive business information. Further, there is reason to believe that EQT and Quantum already may use TMC as a vehicle for information exchange for the purchase of mineral rights and in connection with EQT’s future drilling plans. This information is forward-looking, nonpublic, and competitively sensitive, and its exchange among rivals, coupled with the noncompete agreements in place within the joint venture, harms competition. The proposed order is designed to remedy these concerns. The order prohibits Quantum from occupying an EQT Board seat and requires it to divest the EQT shares, which would structurally eliminate key mechanisms for undue influence and information exchange. The order also limits both current and future entanglements between the firms and reduces opportunities for exchanging 26 Atl. Refin. Co., 381 U.S. 357. e.g., Golden Grain Macaroni Co. v. FTC, 472 F.2d 882, 885 (9th Cir. 1972); In re Dean Foods Co., 70 F.T.C. 1146 (1966); In re Nat’l Tea Co., 69 F.T.C. 226 (1966); In re Beatrice Foods Co., 67 F.T.C. 473 (1965); In re Foremost Dairies, Inc., 52 F.T.C. 1480 (1956). 27 See, VerDate Sep<11>2014 18:23 Aug 24, 2023 Jkt 259001 58275 DEPARTMENT OF DEFENSE 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: Zenaida Delgado, Procurement Analyst, at telephone 202–969–7207, or zenaida.delgado@gsa.gov. SUPPLEMENTARY INFORMATION: GENERAL SERVICES ADMINISTRATION A. OMB Control Number, Title, and Any Associated Form(s) confidential and competitively significant information between the firms, including by requiring EQT and Quantum to unwind their existing joint venture and any noncompete provisions. [FR Doc. 2023–18272 Filed 8–24–23; 8:45 am] BILLING CODE 6750–01–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0135; Docket No. 2023–0053; Sequence No. 3] Submission for OMB Review; Prospective Subcontractor Requests for Bonds 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 prospective subcontractor requests for bonds. SUMMARY: Submit comments on or before September 25, 2023. ADDRESSES: Written comments and recommendations for this information collection should be sent within 30 days of publication of this notice to 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. 9000–0135, Prospective Subcontractor Requests for Bonds. 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, DATES: PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 9000–0135, Prospective Subcontractor Requests for Bonds. B. Need and Uses Part 28 of the Federal Acquisition Regulation (FAR) contains guidance related to obtaining financial protection against losses under Federal contracts (e.g., bonds, bid guarantees, etc.). Part 52 contains the corresponding provisions and clauses. These collectively implement the statutory requirement for Federal contractors to furnish payment bonds under construction contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds. This information collection is mandated by section 806(a)(3) of Public Law 102–190, as amended by sections 2091 and 8105 of the Federal Acquisition Streamlining Act of 1994 (10 U.S.C. 4601 note prec.) (Pub. L. 103– 335). Accordingly, the FAR clause at 52.228–12, Prospective Subcontractor Requests for Bonds, requires prime contractors to promptly provide a copy of a payment bond, upon the request of a prospective subcontractor or supplier offering to furnish labor or material under a construction contract for which a payment bond has been furnished pursuant to 40 U.S.C. chapter 31. C. Common Form The General Services Administration is the sponsor agency of this common form. All executive agencies covered by the FAR will use this common form. Each executive agency will report their agency burden separately, and the reported information will be available at Reginfo.gov. D. Annual Burden General Services Administration Respondents: 317. Total Annual Responses: 793. Total Burden Hours: 270. E. Public Comment A 60-day notice was published in the Federal Register at 88 FR 39850, on June 20, 2023. No comments were received. E:\FR\FM\25AUN1.SGM 25AUN1 58276 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices 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. 9000–0135, Prospective Subcontractor Requests for Bonds. Janet Fry, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2023–18353 Filed 8–24–23; 8:45 am] BILLING CODE 6820–EP–P A. OMB Control Number, Title, and Any Associated Form(s) DEPARTMENT OF DEFENSE 9000–0138, Contract Financing. GENERAL SERVICES ADMINISTRATION B. Need and Uses NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0138; Docket No. 2023–0053; Sequence No. 2] Submission for OMB Review; Contract Financing 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 contract financing. DATES: Submit comments on or before September 25, 2023. ADDRESSES: Written comments and recommendations for this information collection should be sent within 30 days of publication of this notice to 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. 9000–0138, Contract Financing. Comments received generally will be posted without change to https://www.regulations.gov, ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:23 Aug 24, 2023 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: Zenaida Delgado, Procurement Analyst, at telephone 202–969–7207, or zenaida.delgado@gsa.gov. SUPPLEMENTARY INFORMATION: Jkt 259001 This clearance covers the information that offerors and contractors must submit to comply with the following Federal Acquisition Regulation (FAR) requirements: • FAR 52.232–28, Invitation to Propose Performance-Based Payments. This provision requires an offeror, when invited to propose terms under which the Government will make performance-based contract financing payments during contract performance, to include the following: the proposed contractual language describing the performance-based payments; information addressing the contractor’s investment in the contract and a listing of— (i) The projected performance-based payment dates and the projected payment amounts; and (ii) The projected delivery date and the projected payment amount. • FAR 52.232–29, Terms for Financing of Purchases of Commercial Products and Commercial Services. • FAR 52.232–30, Installment Payments for Commercial Products and Commercial Services. These clauses require contractors, under commercial purchases pursuant to FAR part 12, to include with their payment requests an appropriately itemized statement of the financing payments requested and other supporting information, prepared in concert with the contracting officer. • FAR 52.232–31, Invitation to Propose Financing Terms. This provision requires an offeror, when invited to propose terms under which the Government will make contract financing payments during contract performance under commercial purchases pursuant to FAR part 12, to include the following: the proposed contractual language describing the PO 00000 Frm 00043 Fmt 4703 Sfmt 9990 contract financing; and a listing of the earliest date and greatest amount at which each contract financing payment may be payable and the amount of each delivery payment. • FAR 52.232–32, Performance-Based Payments. This clause requires the contractor’s request for performance-based payment to include any information and documentation as required by the contract’s description of the basis for payment; and a certification by a contractor official authorized to bind the contractor. The contracting officer uses the collected information to review and approve contract financing requests, and establish and administer contract financing terms. C. Common Form The General Services Administration is the sponsor agency of this common form. All executive agencies covered by the FAR will use this common form. Each executive agency will report their agency burden separately, and the reported information will be available at Reginfo.gov. D. Annual Burden General Services Administration Respondents: 49. Total Annual Responses: 371. Total Burden Hours: 742. E. Public Comment A 60-day notice was published in the Federal Register at 88 FR 39849, on June 20, 2023. No comments were received. 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. 9000–0138, Contract Financing. Janet Fry, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2023–18354 Filed 8–24–23; 8:45 am] BILLING CODE 6820–EP–P E:\FR\FM\25AUN1.SGM 25AUN1

Agencies

[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Notices]
[Pages 58275-58276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18353]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0135; Docket No. 2023-0053; Sequence No. 3]


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.

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

SUMMARY: 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 prospective subcontractor requests for bonds.

DATES: Submit comments on or before September 25, 2023.

ADDRESSES: Written comments and recommendations for this information 
collection should be sent within 30 days of publication of this notice 
to 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-
0135, Prospective Subcontractor Requests for Bonds. 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 
[email protected].

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)

    9000-0135, Prospective Subcontractor Requests for Bonds.

B. Need and Uses

    Part 28 of the Federal Acquisition Regulation (FAR) contains 
guidance related to obtaining financial protection against losses under 
Federal contracts (e.g., bonds, bid guarantees, etc.). Part 52 contains 
the corresponding provisions and clauses. These collectively implement 
the statutory requirement for Federal contractors to furnish payment 
bonds under construction contracts subject to 40 U.S.C. chapter 31, 
subchapter III, Bonds.
    This information collection is mandated by section 806(a)(3) of 
Public Law 102-190, as amended by sections 2091 and 8105 of the Federal 
Acquisition Streamlining Act of 1994 (10 U.S.C. 4601 note prec.) (Pub. 
L. 103-335). Accordingly, the FAR clause at 52.228-12, Prospective 
Subcontractor Requests for Bonds, requires prime contractors to 
promptly provide a copy of a payment bond, upon the request of a 
prospective subcontractor or supplier offering to furnish labor or 
material under a construction contract for which a payment bond has 
been furnished pursuant to 40 U.S.C. chapter 31.

C. Common Form

    The General Services Administration is the sponsor agency of this 
common form. All executive agencies covered by the FAR will use this 
common form. Each executive agency will report their agency burden 
separately, and the reported information will be available at 
Reginfo.gov.

D. Annual Burden

General Services Administration

    Respondents: 317.
    Total Annual Responses: 793.
    Total Burden Hours: 270.

E. Public Comment

    A 60-day notice was published in the Federal Register at 88 FR 
39850, on June 20, 2023. No comments were received.

[[Page 58276]]

    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. 9000-0135, Prospective Subcontractor Requests for Bonds.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2023-18353 Filed 8-24-23; 8:45 am]
BILLING CODE 6820-EP-P

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