[Federal Register Volume 60, Number 22 (Thursday, February 2, 1995)]
[Notices]
[Pages 6526-6527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2542]



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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION


OMB Clearance Request for Subcontractor Payments

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

ACTION: Notice to new request for OMB clearance.

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SUMMARY: Under the provisions of the Paperwork Reduction Act of 1980 
(44 U.S.C. 3501), the Federal Acquisition Regulation (FAR) Secretariat 
has submitted to the Office of Management and Budget (OMB) a request to 
review and approve a new information collection requirement concerning 
Subcontractor Payments.

DATES: Comments may be submitted on or before April 3, 1995.

ADDRESSES: Send comments to Mr. Peter Weiss, FAR Desk Officer, OMB, 
room 10236, NEOB, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT:
Beverly Fayson, Office of Federal Acquisition Policy, GSA (202) 501-
4755.

SUPPLEMENTARY INFORMATION:

A. Purpose

    This is a request for review and approval of a new information 
collection requirement. Part 28 of the Federal Acquisition Regulation 
(FAR) contains guidance related to obtaining financial protection 
against damages under Government contracts (e.g., use of bonds, bid 
guarantees, insurance, etc.). FAR Part 32 provides guidance related to 
contract financing and payment. FAR Part 52 contains the texts of 
solicitation provisions and contract clauses. The proposed rule amends 
FAR 28 and 32 to implement a new statutory requirement for information 
to be provided by the Federal Government and Federal contractors 
relating to payment bonds furnished under construction contracts which 
are subject to the Miller Act (40 U.S.C. 270a-270d). This new 
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 Sections 2091 and 8105 of the Federal 
Acquisition Streamlining Act of 1994 (Public Law 103-355). Sections 
2091 and 8105 require the Federal Acquisition Regulations Council 
publish, for Federal-wide applicability, regulations that were 
previously required to be published by the Secretary of Defense for 
applicability to the Department of Defense. The following reflects the 
transfer, with minor changes, of the existing Department of Defense's 
implementation of these statutory requirements to the Federal 
Acquisition Regulation. A new clause at 52.228-00, Subcontractor 
Requests for Bonds, implements Sections 806(a) (2) and (3) of Public 
Law 102-190, which specify 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. The 
proposed rule will provide prospective subcontractors and suppliers a 
copy of the payment bond furnished by the contractor to the Governor 
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 Sections 806(a)(2) and (3) of Public Law 102-
190, as amended by Sections 2091 and 8105 of Public Law 103-355.

B. Annual Reporting Burden

    Public reporting burden for this collection of information is 
estimated to average 0.50 hours per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to General Services 
Administration, FAR Secretariat, 18th & F Streets, NW., room

[[Page 6527]]

4037, Washington, DC 20405, and to the FAR Desk Officer, Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Washington, DC 20503.
    The annual reporting burden is estimated as follows: Respondents, 
5,000; responses per respondent, 10; total annual responses, 50,000; 
preparation hours per response, 0.50; and total response burden hours, 
25,000.

Obtaining Copies of Proposals: Requester may obtain copies of OMB 
applications or justifications from the General Services 
Administration, FAR Secretariat (VRS), room 4037, Washington, DC 20405, 
telephone (202) 501-4755. Please cite OMB clearance request regarding 
Subcontractor Payments, FAR case 94-762, in all correspondence.

    Dated: January 27, 1995.
Beverly Fayson,
FAR Secretariat.
[FR Doc. 95-2542 Filed 2-1-95; 8:45 am]
BILLING CODE 6820-34-M