[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