[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Notices]
[Page 19096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06531]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket Number DARS-2023-0009; OMB Control Number 0704-0359]


Information Collection Requirement; Defense Federal Acquisition 
Regulation Supplement, Contract Financing

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Notice and request for comments regarding a proposed extension 
of an approved information collection requirement.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, DoD 
announces the proposed extension of a public information collection 
requirement and seeks public comment on the provisions thereof. DoD 
invites comments on: whether the proposed collection of information is 
necessary for the proper performance of the functions of DoD, including 
whether the information will have practical utility; the accuracy of 
DoD's estimate of the burden of the proposed information collection; 
ways to enhance the quality, utility, and clarity of the information to 
be collected; and ways to minimize the burden of the information 
collection on respondents, including the use of automated collection 
techniques or other forms of information technology. The Office of 
Management and Budget (OMB) has approved this information collection 
for use under Control Number 0704-0359 through July 31, 2023. DoD 
proposes that OMB approve an extension of the information collection, 
to expire three years after the approval date.

DATES: DoD will consider all comments received by May 30, 2023.

ADDRESSES: You may submit comments, identified by OMB Control Number 
0704-0359, using any of the following methods:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    [cir] Email: [email protected]. Include OMB Control Number 0704-
0359 in the subject line of the message.
    Comments received generally will be posted without change to 
https://www.regulations.gov, including any personal information 
provided.

FOR FURTHER INFORMATION CONTACT: Mr. David Johnson, telephone 202-913-
5764.

SUPPLEMENTARY INFORMATION: 
    Title and OMB Number: Defense Federal Acquisition Regulation 
Supplement (DFARS) Part 232, Contract Financing and Related Clauses at 
252.232; OMB Control Number 0704-0359.
    Affected Public: Businesses or other for-profit and not-for-profit 
institutions.
    Respondents' Obligation: Required to obtain or retain benefits.
    Frequency: On occasion.
    Number of Respondents: 1,000.
    Responses per Respondent: 14.
    Annual Responses: 14,000.
    Average Burden per Response: 1.2 hours.
    Annual Burden Hours: 16,800.
    Needs and Uses:
     DFARS 252.232-7007, Limitation of Government's Obligation. 
The data submitted by contractors enables contracting officers to 
calculate improved financing opportunities that will provide benefit to 
both industry (prime contractor and subcontractor level) and the 
taxpayer. DFARS 252.232-7007 is prescribed for use in solicitations and 
resultant incrementally-funded fixed-price contracts. Paragraph (c) of 
the clause requires a written notification from the contractor that: 
(1) states the estimated date when the total amount payable by the 
Government, including any cost for termination for convenience, will 
approximate 85 percent of the total amount then allotted to the 
contract for performance of the applicable items; (2) states an 
estimate of additional funding, if any, needed to continue performance 
of applicable line items up to the next scheduled date for allotment of 
funds, or to a mutually agreed upon substitute date; and (3) advises 
the contracting officer of the estimated amount of additional funds 
that will be required for the timely performance of the items funded 
pursuant to the clause, for a subsequent period as may be specified in 
the allotment schedule, or otherwise agreed to by the parties to the 
contract.
     DFARS subpart 232.10, Performance-Based Payments, 252.232-
7012, Performance Based Payments--Whole Contract Basis, and 252.232-
7013, Performance Based Payments--Deliverable-Item Basis. Contracting 
officers use the information provided by contractors to create a cash-
flow model for use in evaluating alternative financing arrangements. 
The analysis tool calculates improved financing opportunities that will 
provide benefit to both industry (prime contractor and subcontractor 
level) and the taxpayer. DFARS subpart 232.10 requires the contracting 
officer, when considering performance-based payments, to obtain from 
the contractor a proposed performance-based payments schedule which 
includes all performance-based payments events, completion criteria and 
event values along with the expected expenditure profile.
    DFARS 252.232-7012 requires contractors to report the negotiated 
value of all previously completed performance-based payments; 
negotiated value of current performance-based payment(s) event(s); 
cumulative negotiated value of performance-based payment(s) events 
completed to date; total costs incurred to date; cumulative amount of 
payments previously requested; and the payment amount requested for the 
current performance-based payment.
    DFARS 252.232-7013 requires contractors to report the negotiated 
value of current performance-based payment(s) event(s); cumulative 
negotiated value of performance-based payment(s) events completed to 
date; total costs incurred to date; cumulative amount of payments 
previously requested; and the payment amount requested for the current 
performance-based payment.

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2023-06531 Filed 3-29-23; 8:45 am]
BILLING CODE 5001-06-P