[Federal Register Volume 87, Number 103 (Friday, May 27, 2022)]
[Notices]
[Pages 32166-32168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11389]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0073; Docket 2022-0053; Sequence 9]


Submission for OMB Review; 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.

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SUMMARY: 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 a revision 
of a previously approved information collection requirement regarding 
certain Federal Acquisition Regulation part 32 requirements.

DATES: Submit comments on or before June 27, 2022.

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.
    Additionally, submit a copy to GSA 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.
    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. If there are 
difficulties submitting comments, contact the GSA Regulatory 
Secretariat Division at 202-501-4755 or [email protected].

FOR FURTHER INFORMATION CONTACT: Zenaida Delgado, Procurement Analyst, 
at telephone 202-969-7207, or [email protected].

SUPPLEMENTARY INFORMATION: 

A. OMB Control Number, Title, and Any Associated Form(s)

9000-0073, Certain Federal Acquisition Regulation Part 32 Requirements

B. Needs and Uses

    DoD, GSA, and NASA are combining OMB Control Nos. for the Federal 
Acquisition Regulation (FAR) by FAR part. This consolidation is 
expected to improve industry's ability to easily and efficiently 
identify burdens associated with a given FAR part. The review of the 
information collections by FAR part allows improved oversight to ensure 
there is no redundant or unaccounted for burden placed on industry. 
Lastly, combining information collections in a given FAR part is also 
expected to reduce the administrative burden associated with processing 
multiple information collections.
    This justification supports the revision of OMB Control No. 9000-
0073 and combines it with the previously approved information 
collections under OMB Control Nos. 9000-0070, 9000-0074, 9000-0102, and 
9000-0144, with the new title ``Certain Federal Acquisition Regulation 
Part 32 Requirements''. Upon approval of this consolidated information 
collection, OMB Control Nos. 9000-0070, 9000-0074, 9000-0102, and 9000-
0144 will be discontinued. The burden requirements previously approved 
under the discontinued numbers will be covered under OMB Control No. 
9000-0073.
    This clearance covers the information that offerors, contractors, 
or both must submit to comply with the following FAR requirements:
    FAR 32.408, Application for Advance Payments. 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:
    [cir] 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.
    [cir] A cash flow forecast showing estimated disbursements and 
receipts for the period of contract performance.
    [cir] The proposed total amount of advance payments.
    [cir] The name and address of the financial institution at which 
the contractor expects to establish a special account as depository for 
the advance payments.
    [cir] A description of the contractor's efforts to obtain 
unguaranteed private financing or a V-loan under eligible contracts.
    [cir] Other information appropriate to an understanding of
    [ssquf] the contractor's financial condition and need,
    [ssquf] the contractor's ability to perform the contract without 
loss to the Government, and
    [ssquf] financial safeguards needed to protect the Government's 
interest.
    The information is used to determine if advance payments should be 
provided to the contractor.
    FAR 52.232-1 through 52.232-4, 52.232-6, 52.232-7, and 52.232-10--
Payments. The following FAR clauses require the contractor to (as 
appropriate to the payment terms specified in the contract) provide a 
proper invoice or voucher. The information is used to determine the 
proper amount of payments to Federal contractors.
    [cir] 52.232-1, Payments.
    [cir] 52.232-2, Payments under Fixed-Price Research and Development 
Contracts.
    [cir] 52.232-3, Payments under Personal Services Contracts.
    [cir] 52.232-4, Payments under Transportation Contracts and 
Transportation-Related Services Contracts.

[[Page 32167]]

    [cir] 52.232-6, Payment under Communication Service Contracts with 
Common Carriers.
    [cir] 52.232-7, Payments under Time-and-Materials and Labor-Hour 
Contracts.
    [cir] 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:
    [cir] Name and address of the contractor.
    [cir] Invoice date and invoice number.
    [cir] Contract number or other authorization for supplies delivered 
or services performed (including order number and line item number).
    [cir] Description, quantity, unit of measure, unit price, and 
extended price of supplies delivered or services performed.
    [cir] Shipping and payment terms.
    [cir] Name and address of contractor official to whom payment is to 
be sent.
    [cir] Name (where practicable), title, phone number, and mailing 
address of person to notify in the event of a defective invoice.
    [cir] Taxpayer Identification Number (TIN) if required by agency 
procedures.
    [cir] Electronic funds transfer (EFT) banking information if 
required by agency procedures.
    [cir] Any other information or documentation required by the 
contract (e.g., evidence of shipment).
    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:
    [cir] An itemization of the amounts requested, related to the 
various elements of work required by the contract covered by the 
payment requested.
    [cir] A listing of the amount included for work performed by each 
subcontractor under the contract.
    [cir] A listing of the total amount of each subcontract under the 
contract.
    [cir] A listing of the amounts previously paid to each such 
subcontractor under the contract.
    [cir] 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--
    [cir] The amounts requested are only for performance in accordance 
with the specifications, terms, and conditions of the contract;
    [cir] 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;
    [cir] 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
    [cir] 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. If advance payments are 
authorized, this clause requires contractors to submit the following:
    [cir] 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.
    [cir] 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.
    [cir] 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--
    [cir] 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
    [cir] 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. 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

[[Page 32168]]

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 52.232-34, Payment by Electronic Funds Transfer--Other than 
System for Award Management. This clause requires contractors to 
provide the following information to enable the Government to make 
payments under the contract by EFT:
    [cir] The contract number (or other procurement identification 
number).
    [cir] The contractor's name and remittance address.
    [cir] The signature, title, and telephone number of the contractor 
official authorized to provide this information.
    [cir] The name, address, and 9-digit Routing Transit Number of the 
contractor's financial agent.
    [cir] The contractor's account number and the type of account.
    [cir] If applicable, the Fedwire Transfer System telegraphic 
abbreviation of the contractor's financial agent.
    [cir] 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.
    The burden to provide the information required by the FAR clause at 
52.232-33, Payment by Electronic Funds Transfer--System for Award 
Management, is covered by OMB Control Number 9000-0189, Certain Federal 
Acquisition Regulation Part 4 Requirements. OMB Control Number 9000-
0189 accounts for new registrations and renewals in the System for 
Award Management, which includes providing the EFT information.
    The information is used to enable the Government to make contract 
payments by EFT.

C. Annual Burden

    Respondents: 275,319.
    Total Annual Responses: 1,817,432.
    Total Burden Hours: 471,947.

D. Public Comment

    A 60-day notice was published in the Federal Register at 87 FR 
1599, on March 21, 2022. Two comments were received; however, they did 
not change the estimate of the burden.
    Comments: One of the comments is not related to the information 
collection. The other comment is a vendor's presentation of their 
products and services regarding payment solutions.
    Response: The commenters did not express an opinion on whether the 
estimated number of burden hours is accurate; or ways to minimize the 
burden of the collection of information. The information collection 
revision does not reflect any changes to the FAR requirements. 
Adjustments are made to the public and Government burden estimates 
based on the most recent data available.
    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. 2022-11389 Filed 5-26-22; 8:45 am]
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