[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Notices]
[Pages 41091-41092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13401]


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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.

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SUMMARY: The Defense Acquisition Regulations System has submitted to 
OMB for clearance the following proposal for collection of information 
under the provisions of the Paperwork Reduction Act.

DATES: Consideration will be given to all comments received by July 24, 
2023.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to https://www.reginfo.gov/public/do/PRAMain. Find this 
particular information collection by selecting ``Currently under 30-day 
Review--Open for Public Comments'' or by using the search function.
    You may also submit comments, identified by docket number and 
title, by the following method: Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments.

FOR FURTHER INFORMATION CONTACT: Angela Duncan, 571-372-7574, or 
[email protected].

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 events; 
cumulative negotiated value of performance-based payment 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 events; cumulative negotiated value of

[[Page 41092]]

performance-based payment 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.
    DoD Clearance Officer: Ms. Angela Duncan. Requests for copies of 
the information collection proposal should be sent to Ms. Duncan at 
[email protected].

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2023-13401 Filed 6-22-23; 8:45 am]
BILLING CODE 5001-06-P