98-28963. Federal Acquisition Regulation; Payment Due Dates

[Federal Register Volume 63, Number 210 (Friday, October 30, 1998)]
[Rules and Regulations]
[Pages 58601-58602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28963]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 32

[FAC 97-09; FAR Case 97-609; Item IX]
RIN 9000-AI11


Federal Acquisition Regulation; Payment Due Dates

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

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed on a final rule amending 
the Federal Acquisition Regulation (FAR) to clarify that agencies may 
authorize amendment of the FAR payment clauses to specify a period 
shorter than 30 days for making contract invoice payments, provided 
such period is not less than 7 days. This regulatory action was not 
subject to Office of Management and Budget review under Executive Order 
12866, dated September 30, 1993, and is not a major rule under 5 U.S.C. 
804.

EFFECTIVE DATE: December 29, 1998.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, 1800 F 
Street, NW, Washington, DC 20405, [phone], for information 
pertaining to status or publication schedules. For clarification of 
content, contact Mr. Jeremy Olson at [phone]. Please cite FAC 
97-09, FAR case 97-609.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends FAR Subpart 32.9 to clarify that agencies 
may amend the clauses at FAR 52.232-25, Prompt Payment, and 52.232-26, 
Prompt Payment for Fixed-Price Architect-Engineer Contracts, to specify 
a period shorter than 30 days (but not less than 7 days) for making 
contract invoice payments.

B. Regulatory Flexibility Act

    The final rule does not constitute a significant FAR revision 
within the meaning of FAR 1.501 and Public Law 98-577, and publication 
for public comments is not required. However, comments from small 
entities concerning the affected FAR subpart will be considered in 
accordance with 5

[[Page 58602]]

U.S.C. 610. Such comments must be submitted separately and should cite 
5 U.S.C. 601, et seq. (FAC 97-09, FAR case 97-609), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose recordkeeping or information collection 
requirements, or collections of information from offerors, contractors, 
or members of the public which require the approval of the Office of 
Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 32:

    Government procurement.

    Dated: October 22, 1998.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
    Therefore, 48 CFR Part 32 is amended as set forth below:
    1. The authority citation for 48 CFR Part 32 continues to read as 
follows:

PART 32--CONTRACT FINANCING

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

    2. Section 32.905 is amended in paragraph (a) by revising the 
introductory text to read as follows:


32.905  Invoice payments.

    (a) General. Except as prescribed in paragraphs (b), (c), and (d) 
of this section, or as authorized in 32.908(a)(3) or (c)(3), the due 
date for making an invoice payment by the designated payment office 
shall be as follows:
* * * * *
    3. Section 32.908 is amended by adding paragraphs (a)(3) and (c)(3) 
to read as follows:


32.908  Contract clauses.

    (a) * * *
    (3) As provided in 32.904, agency policies and procedures may 
authorize amendment of paragraphs (a)(1)(i) and (iii) of the clause to 
insert a period shorter than 30 days (but not less than 7 days) for 
making contract invoice payments.
* * * * *
    (c) * * *
    (3) As provided in 32.904, agency policies and procedures may 
authorize amendment of paragraph (a)(1)(i) of the clause to insert a 
period shorter than 30 days (but not less than 7 days) for making 
contract invoice payments.

[FR Doc. 98-28963 Filed 10-29-98; 8:45 am]
BILLING CODE 6820-EP