Information Collection; Certain Federal Acquisition Regulation Part 32 Requirements, 11979-11982 [2025-04019]
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Federal Register / Vol. 90, No. 48 / Thursday, March 13, 2025 / Notices
data in determining the price objective
and in negotiating the final price;
(E) The extent to which it was
recognized in the negotiation that the
subcontractor’s certified cost or pricing
data were not accurate, complete, or
current; the action taken by the
Contractor and the subcontractor; and
the effect of any such defective data on
the total price negotiated;
(F) The reasons for any significant
difference between the Contractor’s
price objective and the price negotiated;
and
(G) A complete explanation of the
incentive fee or profit plan when
incentives are used. The explanation
shall identify each critical performance
element, management decisions used to
quantify each incentive element,
reasons for the incentives, and a
summary of all trade-off possibilities
considered.
If the contractor has an approved
purchasing system, consent is required
for subcontracts specifically identified
by the contracting officer in paragraph
(d) of the FAR clause at 52.244–2. The
contracting officer may require consent
to subcontract if the contracting officer
has determined that an individual
consent action is required to protect the
Government adequately because of the
subcontract type, complexity, or value,
or because the subcontract needs special
surveillance. These can be subcontracts
for critical systems, subsystems,
components, or services.
If the contractor does not have an
approved purchasing system, consent to
subcontract is required for costreimbursement, time-and-materials,
labor-hour, or letter contracts, and also
for unpriced actions under fixed-price
contracts that exceed the simplified
acquisition threshold.
Contracting Officers use the
information to ensure contractors’
compliance with Government policy
when subcontracting.
2. Advance notification. Paragraph
(e)(1) of the FAR clause at 52.244–2
requires contractors to notify the
contracting officer reasonably in
advance of placing any subcontract or
modification thereof for which consent
is required under paragraph (b), (c), or
(d) of the clause.
Contracting Officers use the
information to ensure compliance with
the statutory requirements in 10 U.S.C.
3322(c) and 41 U.S.C. 3905.
3. Contractors’ Purchasing System
Review. Paragraph (i) of FAR clause
52.244–2 specifies that the Government
reserves the right to review the
contractor’s purchasing system as set
forth in FAR subpart 44.3. This clause
is the mechanism through which the
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requirements of FAR subpart 44.3 are
applied to contractors.
FAR 44.302 requires the
administrative contracting officer (ACO)
to determine the need for a Contractors’
Purchasing System Review (CPSR)
based on, but not limited to, the past
performance of the contractor, and the
volume, complexity and dollar value of
subcontracts. If a contractor’s sales to
the Government (excluding
competitively awarded firm-fixed-price
and competitively awarded fixed-price
with economic price adjustment
contracts and sales of commercial
products and commercial services
pursuant to part 12) are expected to
exceed $25 million during the next 12
months, the ACO will perform a review
to determine if a CPSR is needed. Sales
include those represented by prime
contracts, subcontracts under
Government prime contracts, and
modifications. Generally, a CPSR is not
performed for a specific contract.
Rather, CPSRs are conducted on
contractors based on the factors
identified above. For example, the
Defense Contract Management Agency
Contractor Purchasing System Review
Group is a group dedicated to
conducting CPSRs for the Department of
Defense. The head of the agency
responsible for contract administration
may raise or lower the $25 million
review level if it is considered to be in
the Government’s best interest. Once an
initial determination has been made to
conduct a review, at least every three
years the ACO shall determine whether
a purchasing system review is
necessary. If necessary, the cognizant
contract administration office will
conduct a purchasing system review.
The cognizant ACO is responsible for
granting, withholding, or withdrawing
approval of a contractor’s purchasing
system and for promptly notifying the
contractor of same (FAR 44.305–1).
Related administrative requirements are
as follows:
• FAR 44.305–2(c) requires that when
recommendations are made for
improvement of an approved system,
the contractor shall be requested to
reply within 15 days with a position
regarding the recommendations.
• FAR 44.305–3(b) requires when
approval of the contractor’s purchasing
system is withheld or withdrawn, the
ACO shall within 10 days after
completing the in-plant review (1)
inform the contractor in writing, (2)
specify the deficiencies that must be
corrected to qualify the system for
approval, and (3) request the contractor
to furnish within 15 days a plan for
accomplishing the necessary actions. If
the plan is accepted, the ACO shall
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11979
make a follow-up review as soon as the
contractor notifies the ACO that the
deficiencies have been corrected.
Contracting Officers use the
information to evaluate the efficiency
and effectiveness with which a
contractor spends Government funds.
C. Annual Burden
Respondents: 2,515.
Total Annual Responses: 7,065.
Total Burden Hours: 49,635.
D. Public Comment
A 60-day notice was published in the
Federal Register at 89 FR 93291, on
November 26, 2024. 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. 9000–0149, Subcontract
Consent and Contractors’ Purchasing
System Review.
Janet Fry,
Director, Federal Acquisition Policy Division,
Office of Governmentwide Acquisition Policy,
Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2025–04002 Filed 3–12–25; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0073; Docket No.
2025–0053; Sequence No. 5]
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
an extension 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
SUMMARY:
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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, 2025.
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
12, 2025.
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 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:
FARPolicy@gsa.gov or call 202–969–
4075.
SUPPLEMENTARY INFORMATION:
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A. OMB Control Number, Title, and
Any Associated Form(s)
9000–0073, Certain Federal
Acquisition Regulation Part 32
Requirements
B. Need and Uses
This justification supports the
extension of OMB Control No. 9000–
0073. This clearance covers the
information that offerors and contractors
must submit to comply with the
following FAR requirements:
FAR 32.408, Application for advance
payments. The authorities behind
advance payments are 41 U.S.C. chapter
45; 10 U.S.C. chapter 277; Public Law
85–804 (50 U.S.C. 1431–1435); and
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Executive Order 10789, November 14,
1958. 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:
• 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.
• A cash flow forecast showing
estimated disbursements and receipts
for the period of contract performance.
• The proposed total amount of
advance payments.
• The name and address of the
financial institution at which the
contractor expects to establish a special
account as depository for the advance
payments.
• A description of the contractor’s
efforts to obtain unguaranteed private
financing or a V-loan under eligible
contracts.
• Other information appropriate to an
understanding of
• the contractor’s financial condition
and need,
• the contractor’s ability to perform
the contract without loss to the
Government, and
• financial safeguards needed to
protect the Government’s interest.
The information is used to determine
if advance payments should be provided
to the contractor. If advance payments
are authorized, the information is used
to ensure proper procedures are
followed to protect the Government’s
interest.
FAR 52.232–1 through 52.232–4,
52.232–6, 52.232–7, and 52.232–10—
Payments. The basic authority for the
contract financing that is implemented
in these clauses is contained in 41
U.S.C. chapter 45, Contract Financing,
10 U.S.C. chapter 277, and Title III of
the Defense Production Act of 1950 (50
U.S.C. App.2091). The following FAR
clauses require the contractor to (as
appropriate to the payment terms
specified in the contract) provide a
proper invoice or voucher.
• 52.232–1, Payments.
• 52.232–2, Payments under FixedPrice Research and Development
Contracts.
• 52.232–3, Payments under Personal
Services Contracts.
• 52.232–4, Payments under
Transportation Contracts and
Transportation-Related Services
Contracts.
• 52.232–6, Payment under
Communication Service Contracts with
Common Carriers.
• 52.232–7, Payments under Timeand-Materials and Labor-Hour
Contracts.
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• 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:
• Name and address of the contractor.
• Invoice date and invoice number.
• Contract number or other
authorization for supplies delivered or
services performed (including order
number and line item number).
• Description, quantity, unit of
measure, unit price, and extended price
of supplies delivered or services
performed.
• Shipping and payment terms.
• Name and address of contractor
official to whom payment is to be sent.
• Name (where practicable), title,
phone number, and mailing address of
person to notify in the event of a
defective invoice.
• Taxpayer Identification Number
(TIN) if required by agency procedures.
• Electronic funds transfer (EFT)
banking information if required by
agency procedures.
• Any other information or
documentation required by the contract
(e.g., evidence of shipment).
The information is used to determine
the proper amount of payments to
Federal contractors.
FAR 52.232–5, Payments under FixedPrice Construction Contracts. This
clause requires the contractor’s request
for progress payments to include the
following substantiation:
• An itemization of the amounts
requested, related to the various
elements of work required by the
contract covered by the payment
requested.
• A listing of the amount included for
work performed by each subcontractor
under the contract.
• A listing of the total amount of each
subcontract under the contract.
• A listing of the amounts previously
paid to each such subcontractor under
the contract.
• 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—
• The amounts requested are only for
performance in accordance with the
specifications, terms, and conditions of
the contract;
• 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;
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• The request for progress payment
does not include any amounts which
the prime contractor intends to
withhold or retain from a subcontractor
or supplier in accordance with the terms
and conditions of the subcontract; and
• 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.
For authority behind this clause, see the
authority for advance payments cited in
the narrative above for FAR 32.408. If
advance payments are authorized, this
clause requires contractors to submit the
following:
• 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.
• 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.
• 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
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contracting officer in writing whenever
it has reason to believe that—
• 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
• 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. The authority
for this FAR clause are the OMB prompt
payment regulations at 5 CFR part 1315,
which in turn implements the Prompt
Payment statute. 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—
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• 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 52.232–33, Payment by
Electronic Funds Transfer—System for
Award Management. FAR clause
52.232–33 requires contractors to
provide updated EFT information in the
System for Award Management (SAM) if
their information changes. According to
the SAM Entity Registration Checklist,
the registration/renewal process asks
entities to provide the account type,
routing number, and account number
for EFT. The burden associated with
this clause is reflected under OMB
Control Number 9000–0189, Certain
Federal Acquisition Regulation Part 4
Requirements. OMB Control Number
9000–0189 accounts for new
registrations and renewals in SAM,
which includes providing EFT
information as part of the registration
and renewal process.
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
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Government to make payments under
the contract by EFT:
• The contract number (or other
procurement identification number).
• The contractor’s name and
remittance address.
• The signature, title, and telephone
number of the contractor official
authorized to provide this information.
• The name, address, and 9-digit
Routing Transit Number of the
contractor’s financial agent.
• The contractor’s account number
and the type of account.
• If applicable, the Fedwire Transfer
System telegraphic abbreviation of the
contractor’s financial agent.
• 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.
31 U.S.C.3332 requires, subject to
implementing regulations of the
Secretary of the Treasury at 31 CFR part
208, that EFT be used to make all
contract payments.
The information is used to enable the
Government to make contract payments
by EFT.
C. Annual Burden
Respondents: 273,518.
Total Annual Responses: 1,789,889.
Total Burden Hours: 462,859.
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.
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[FR Doc. 2025–04019 Filed 3–12–25; 8:45 am]
BILLING CODE 6820–EP–P
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DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0198; Docket No.
2024–0053; Sequence No. 20]
Submission for OMB Review; Certain
Federal Acquisition Regulation Part 9
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 9 requirements.
DATES: Submit comments on or before
April 14, 2025.
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.
FOR FURTHER INFORMATION CONTACT:
FARPolicy@gsa.gov or call 202–969–
4075.
SUMMARY:
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and
Any Associated Form(s)
9000–0198, Certain Federal
Acquisition Regulation Part 9
Requirements.
B. Need and Uses
This clearance covers the information
that offerors and contractors must
submit to comply with the following
FAR requirements:
1. FAR 52.209–1, Qualification
Requirements. This clause requires
offerors to provide with their proposal:
Their name, the manufacturer’s name,
source’s name, item’s name, service
identification, and test number (if
known) for a proposed product or
service that has already been
determined to meet the qualification
standards. If an offeror, manufacturer,
source, product or service has met the
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qualification requirement but is not yet
on a qualified products list, qualified
manufacturers list, or qualified bidders
list, this clause requires the offeror to
submit evidence of qualification prior to
award of a contract.
2. FAR 52.209–2, 52.209–10, and
52.212–3(n), Prohibition on Contracting
with Inverted Domestic Corporations.
FAR provision 52.209–2, Prohibition on
Contracting with Inverted Domestic
Corporations-Representation, and its
equivalent for commercial acquisitions
at FAR 52.212–3(n), requires each
offeror to represent whether it is, or is
not, an inverted domestic corporation or
a subsidiary of an inverted domestic
corporation.
FAR clause 52.209–10, Prohibition on
Contracting with Inverted Domestic
Corporations, requires contractors to
promptly notify the contracting officer
in the event the contractor becomes an
inverted domestic corporation or a
subsidiary of an inverted domestic
corporation during the period of
performance of the contract.
3. FAR 52.209–5, 52.209–6, and
52.212–3(h), Debarment, Suspension,
and other Responsibility Matters. FAR
provision 52.209–5, Certification
Regarding Responsibility Matters, and
its equivalent for commercial
acquisitions at FAR 52.212–3(h), require
the disclosure of the following critical
information by an offeror to be
considered by the contracting officer in
making a responsibility determination:
• Whether the offeror or any of its
principals have been—
Æ Debarred, suspended, proposed for
debarment, declared ineligible for
contract award;
Æ Within a three-year period
preceding their offer:
• Convicted of or had a civil
judgment rendered against them or
indicted for commission of a fraud or a
criminal offense in connection with
obtaining, attempting to obtain, or
performing a public (Federal, State, or
local) contract or subcontract, violation
of Federal or State antitrust statutes
relating to the submission of offers, or
commission of embezzlement, theft,
forgery, bribery, falsification or
destruction of records, making false
statements, tax evasion, violating
Federal criminal tax laws, or receiving
stolen property;
• Notified of any delinquent Federal
taxes in an amount that exceeds $10,000
for which the liability remains
unsatisfied;
• Had one or more contracts
terminated for default by any Federal
agency; or
• Are presently indicted for, or
otherwise criminally or civilly charged
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]]>Agencies
[Federal Register Volume 90, Number 48 (Thursday, March 13, 2025)]
[Notices]
[Pages 11979-11982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04019]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0073; Docket No. 2025-0053; Sequence No. 5]
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 an extension 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
[[Page 11980]]
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, 2025. 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
12, 2025.
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: [email protected] or call 202-969-
4075.
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
This justification supports the extension of OMB Control No. 9000-
0073. This clearance covers the information that offerors and
contractors must submit to comply with the following FAR requirements:
FAR 32.408, Application for advance payments. The authorities
behind advance payments are 41 U.S.C. chapter 45; 10 U.S.C. chapter
277; Public Law 85-804 (50 U.S.C. 1431-1435); and Executive Order
10789, November 14, 1958. 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:
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.
A cash flow forecast showing estimated disbursements and
receipts for the period of contract performance.
The proposed total amount of advance payments.
The name and address of the financial institution at which
the contractor expects to establish a special account as depository for
the advance payments.
A description of the contractor's efforts to obtain
unguaranteed private financing or a V-loan under eligible contracts.
Other information appropriate to an understanding of
the contractor's financial condition and need,
the contractor's ability to perform the contract without
loss to the Government, and
financial safeguards needed to protect the Government's
interest.
The information is used to determine if advance payments should be
provided to the contractor. If advance payments are authorized, the
information is used to ensure proper procedures are followed to protect
the Government's interest.
FAR 52.232-1 through 52.232-4, 52.232-6, 52.232-7, and 52.232-10--
Payments. The basic authority for the contract financing that is
implemented in these clauses is contained in 41 U.S.C. chapter 45,
Contract Financing, 10 U.S.C. chapter 277, and Title III of the Defense
Production Act of 1950 (50 U.S.C. App.2091). The following FAR clauses
require the contractor to (as appropriate to the payment terms
specified in the contract) provide a proper invoice or voucher.
52.232-1, Payments.
52.232-2, Payments under Fixed-Price Research and
Development Contracts.
52.232-3, Payments under Personal Services Contracts.
52.232-4, Payments under Transportation Contracts and
Transportation-Related Services Contracts.
52.232-6, Payment under Communication Service Contracts
with Common Carriers.
52.232-7, Payments under Time-and-Materials and Labor-Hour
Contracts.
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:
Name and address of the contractor.
Invoice date and invoice number.
Contract number or other authorization for supplies
delivered or services performed (including order number and line item
number).
Description, quantity, unit of measure, unit price, and
extended price of supplies delivered or services performed.
Shipping and payment terms.
Name and address of contractor official to whom payment is
to be sent.
Name (where practicable), title, phone number, and mailing
address of person to notify in the event of a defective invoice.
Taxpayer Identification Number (TIN) if required by agency
procedures.
Electronic funds transfer (EFT) banking information if
required by agency procedures.
Any other information or documentation required by the
contract (e.g., evidence of shipment).
The information is used to determine the proper amount of payments
to Federal contractors.
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:
An itemization of the amounts requested, related to the
various elements of work required by the contract covered by the
payment requested.
A listing of the amount included for work performed by
each subcontractor under the contract.
A listing of the total amount of each subcontract under
the contract.
A listing of the amounts previously paid to each such
subcontractor under the contract.
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--
The amounts requested are only for performance in
accordance with the specifications, terms, and conditions of the
contract;
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;
[[Page 11981]]
The request for progress payment does not include any
amounts which the prime contractor intends to withhold or retain from a
subcontractor or supplier in accordance with the terms and conditions
of the subcontract; and
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. For authority behind this clause,
see the authority for advance payments cited in the narrative above for
FAR 32.408. If advance payments are authorized, this clause requires
contractors to submit the following:
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.
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.
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--
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
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. The
authority for this FAR clause are the OMB prompt payment regulations at
5 CFR part 1315, which in turn implements the Prompt Payment statute.
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 52.232-33, Payment by Electronic Funds Transfer--System for
Award Management. FAR clause 52.232-33 requires contractors to provide
updated EFT information in the System for Award Management (SAM) if
their information changes. According to the SAM Entity Registration
Checklist, the registration/renewal process asks entities to provide
the account type, routing number, and account number for EFT. The
burden associated with this clause is reflected under OMB Control
Number 9000-0189, Certain Federal Acquisition Regulation Part 4
Requirements. OMB Control Number 9000-0189 accounts for new
registrations and renewals in SAM, which includes providing EFT
information as part of the registration and renewal process.
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
[[Page 11982]]
Government to make payments under the contract by EFT:
The contract number (or other procurement identification
number).
The contractor's name and remittance address.
The signature, title, and telephone number of the
contractor official authorized to provide this information.
The name, address, and 9-digit Routing Transit Number of
the contractor's financial agent.
The contractor's account number and the type of account.
If applicable, the Fedwire Transfer System telegraphic
abbreviation of the contractor's financial agent.
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.
31 U.S.C.3332 requires, subject to implementing regulations of the
Secretary of the Treasury at 31 CFR part 208, that EFT be used to make
all contract payments.
The information is used to enable the Government to make contract
payments by EFT.
C. Annual Burden
Respondents: 273,518.
Total Annual Responses: 1,789,889.
Total Burden Hours: 462,859.
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. 2025-04019 Filed 3-12-25; 8:45 am]
BILLING CODE 6820-EP-P
