[Federal Register Volume 63, Number 22 (Tuesday, February 3, 1998)]
[Notices]
[Pages 5547-5548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2623]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0135]
Submission for OMB Review; Comment Request Entitled Subcontractor
Payments
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Notice of request for an extension to an existing OMB clearance
(9000-0135).
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SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995
(44
[[Page 5548]]
U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR)
Secretariat has submitted to the Office of Management and Budget (OMB)
a request to review and approve an extension of a currently approved
information collection requirement concerning Subcontractor Payments. A
request for public comments was published at 62 FR 62760, November 25,
1997. No comments were received.
DATES: Comments may be submitted on or before March 5, 1998.
FOR FURTHER INFORMATION CONTACT: Jack O'Neill, Federal Acquisition
Policy Division, GSA (202) 501-3856.
ADDRESSES: Comments regarding this burden estimate or any other aspect
of this collection of information, including suggestions for reducing
this burden, should be submitted to: FAR Desk Officer, OMB, Room 10102,
NEOB, Washington, DC 20503, and a copy to the General Services
Administration, FAR Secretariat, 1800 F Street, NW, Room 4037,
Washington, DC 20405. Please cite OMB Control No. 9000-0135,
Subcontractor Payments, in all correspondence.
SUPPLEMENTARY INFORMATION:
A. Purpose
Part 28 of the FAR contains guidance related to obtaining financial
protection against damages under Government contracts (e.g., use of
bonds, bid guarantees, insurance etc.). Part 52 contains the texts of
solicitation provisions and contract clauses. These regulations
implement a statutory requirement for information to be provided by
Federal contractors relating to payment bonds furnished under
construction contracts which are subject to the Miller Act (40 USC
270a-270d). This collection requirement is mandated by Section 806 of
the National Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190), as amended by Section 2091 of the Federal
Acquisition Streamlining Act of 1994 (Public Law 103-335). The clause
at 52.228-12, Prospective Subcontractor Requests for Bonds, implements
Section 806(a)(3) of Public Law 102-190, as amended, which specifies
that, upon the request of a prospective subcontractor or supplier
offering to furnish labor or material for the performance of a
construction contract for which a payment bond has been furnished to
the United States pursuant to the Miller Act, the contractor shall
promptly provide a copy of such payment bond to the requestor.
In conjunction with performance bonds, payment bonds are used in
Government construction contracts to secure fulfillment of the
contractor's obligations under the contract and to assure that the
contractor makes all payments, as required by law, to persons
furnishing labor or material in performance of the contract. This
regulation provides prospective subcontractors and suppliers a copy of
the payment bond furnished by the contractor to the Government for the
performance of a Federal construction contract subject to the Miller
Act. It is expected that prospective subcontractors and suppliers will
use this information to determine whether to contract with that
particular prime contractor. This information has been and will
continue to be available from the Government. The requirement for
contractors to provide a copy of the payment bond upon request to any
prospective subcontractor or supplier under the Federal construction
contract is contained in Section 806(a)(3) of Public Law 102-190, as
amended by Sections 2091 and 8105 of Public Law 103-355.
B. Annual Reporting Burden
The annual reporting burden is estimated as follows: Respondents,
12,000; responses per respondent, 5; total annual responses, 60,000;
preparation hours per response, .5; and total response burden hours,
30,000.
Obtaining Copies of Proposals: Requester may obtain a copy of the
justification from the General Services Administration, FAR Secretariat
(VRS), Room 4037, 1800 F Street, Washington, DC 20405, telephone (202)
501-4755. Please cite OMB Control No. 9000-0135, Subcontractor
Payments, in all correspondence.
Dated: January 29, 1998.
Sharon A. Kiser,
FAR Secretariat.
[FR Doc. 98-2623 Filed 2-2-98; 8:45 am]
BILLING CODE 6820-34-P
