81 FR 11795 - Information Collection; Prompt Payment

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 44 (March 7, 2016)

Page Range		11795-11795
FR Document		2016-04942

Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension to a previously approved information collection requirement concerning prompt payment.

Federal Register, Volume 81 Issue 44 (Monday, March 7, 2016)

[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)]
[Notices]
[Page 11795]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04942]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0102; Docket 2016-0053; Sequence 20]


Information Collection; Prompt Payment

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

ACTION: Notice of request for public comments regarding an extension to 
an existing OMB clearance.

-----------------------------------------------------------------------

SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat Division will be submitting to the Office of 
Management and Budget (OMB) a request to review and approve an 
extension to a previously approved information collection requirement 
concerning prompt payment.

DATES: Submit comments on or before May 6, 2016.

ADDRESSES: Submit comments identified by Information Collection 9000-
0102, Prompt Payment, by any of the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching the OMB 
control number. Select the link ``Submit a Comment'' that corresponds 
with ``Information Collection 9000-0102, Prompt Payment''. Follow the 
instructions provided at the ``Submit a Comment'' screen. Please 
include your name, company name (if any), and ``Information Collection 
9000-0102, Prompt Payment'' on your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. 
Flowers/IC 9000-0102, Prompt Payment.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0102, Prompt Payment, in all correspondence related to 
this collection. Comments received generally will be posted without 
change to http://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 (except allow 30 days for 
posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: Ms. Kathlyn Hopkins, Procurement 
Analyst, Office of Acquisition Policy, GSA 202-969-7226 or email 
[email protected].

SUPPLEMENTARY INFORMATION: 

A. Purpose

    Part 32 of the FAR and the clause at FAR 52.232-5, Payments Under 
Fixed-Price Construction Contracts, require that contractors under 
fixed-price construction contracts certify, for every progress payment 
request, that payments to subcontractors/suppliers have been made from 
previous payments received under the contract and timely payments will 
be made from the proceeds of the payment covered by the certification, 
and that this payment request does not include any amount which the 
contractor intends to withhold from a subcontractor/supplier. Part 32 
of the FAR and the clause at 52.232-27, Prompt Payment for Construction 
Contracts, further require that contractors on construction contracts:
    (a) Notify subcontractors/suppliers of any amounts to be withheld 
and furnish a copy of the notification to the contracting officer;
    (b) Pay interest to subcontractors/suppliers if payment is not made 
by 7 days after receipt of payment from the Government, or within 7 
days after correction of previously identified deficiencies;
    (c) Pay interest to the Government if amounts are withheld from 
subcontractors/suppliers after the Government has paid the contractor 
the amounts subsequently withheld, or if the Government has 
inadvertently paid the contractor for nonconforming performance; and
    (d) Include a payment clause in each subcontract which obligates 
the contractor to pay the subcontractor for satisfactory performance 
under its subcontract no later than seven days after such amounts are 
paid to the contractor, include an interest penalty clause which 
obligates the contractor to pay the subcontractor an interest penalty 
if payments are not made in a timely manner, and include a clause 
requiring each subcontractor to include these clauses in each of its 
subcontractors and to require each of its subcontractors to include 
similar clauses in their subcontracts.
    These requirements are imposed by Public Law 100-496, the Prompt 
Payment Act Amendments of 1988.
    Contracting officers will be notified if the contractor withholds 
amounts from subcontractors/suppliers after the Government has already 
paid the contractor the amounts withheld. The contracting officer must 
then charge the contractor interest on the amounts withheld from 
subcontractors/suppliers. Federal agencies could not comply with the 
requirements of the law if this information were not collected.

B. Annual Reporting Burden

    Respondents: 2,679.
    Responses per Respondent: 18.27.
    Total Responses: 48,950.
    Hours per Response: .11.
    Total Burden Hours: 5,384.

C. Public Comments

    Public comments are particularly invited on: Whether this 
collection of information is necessary for the proper performance of 
functions of the FAR, and whether it will have practical utility; 
whether our estimate of the public burden of this collection of 
information is accurate, and based on valid assumptions and 
methodology; ways to enhance the quality, utility, and clarity of the 
information to be collected; and ways in which we can minimize the 
burden of the collection of information on those who are to respond, 
through the use of appropriate technological collection techniques or 
other forms of information technology.
    Obtaining Copies of Proposals: Requesters may obtain a copy of the 
information collection documents from the General Services 
Administration, Regulatory Secretariat Division (MVCB), 1800 F Street 
NW., Washington, DC 20405, telephone 202-501-4755. Please cite OMB 
Control No. 9000-0102, Prompt Payment, in all correspondence.

    Dated: March 2, 2016.
Lorin S. Curit,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2016-04942 Filed 3-4-16; 8:45 am]
BILLING CODE 6820-EP-P

Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices 11795

Dated: March 2, 2016. correspondence related to this timely manner, and include a clause
Lorin S. Curit, collection. Comments received generally requiring each subcontractor to include
Director, Federal Acquisition Policy, Office will be posted without change to http:// these clauses in each of its
of Governmentwide Acquisition Policy, Office www.regulations.gov, including any subcontractors and to require each of its
of Acquisition Policy, Office of personal and/or business confidential subcontractors to include similar
Governmentwide Policy. information provided. To confirm clauses in their subcontracts.
[FR Doc. 2016–04941 Filed 3–4–16; 8:45 am] receipt of your comment(s), please
These requirements are imposed by
BILLING CODE 6820–EP–P check www.regulations.gov,
approximately two to three days after Public Law 100–496, the Prompt
submission to verify posting (except Payment Act Amendments of 1988.
DEPARTMENT OF DEFENSE allow 30 days for posting of comments Contracting officers will be notified if
submitted by mail). the contractor withholds amounts from
GENERAL SERVICES subcontractors/suppliers after the
FOR FURTHER INFORMATION CONTACT: Ms.
ADMINISTRATION Government has already paid the
Kathlyn Hopkins, Procurement Analyst,
Office of Acquisition Policy, GSA 202– contractor the amounts withheld. The
NATIONAL AERONAUTICS AND
969–7226 or email kathlyn.hopkins@ contracting officer must then charge the
SPACE ADMINISTRATION
gsa.gov. contractor interest on the amounts
[OMB Control No. 9000–0102; Docket 2016– withheld from subcontractors/suppliers.
SUPPLEMENTARY INFORMATION:
0053; Sequence 20] Federal agencies could not comply with
A. Purpose the requirements of the law if this
Information Collection; Prompt
Part 32 of the FAR and the clause at information were not collected.
Payment
FAR 52.232–5, Payments Under Fixed-
AGENCY: Department of Defense (DOD), B. Annual Reporting Burden
Price Construction Contracts, require
General Services Administration (GSA), that contractors under fixed-price Respondents: 2,679.
and National Aeronautics and Space construction contracts certify, for every
Administration (NASA). progress payment request, that Responses per Respondent: 18.27.
ACTION: Notice of request for public payments to subcontractors/suppliers Total Responses: 48,950.
comments regarding an extension to an have been made from previous Hours per Response: .11.
existing OMB clearance. payments received under the contract
Total Burden Hours: 5,384.
and timely payments will be made from
SUMMARY: Under the provisions of the the proceeds of the payment covered by C. Public Comments
Paperwork Reduction Act, the the certification, and that this payment
Regulatory Secretariat Division will be request does not include any amount Public comments are particularly
submitting to the Office of Management which the contractor intends to invited on: Whether this collection of
and Budget (OMB) a request to review withhold from a subcontractor/supplier. information is necessary for the proper
and approve an extension to a Part 32 of the FAR and the clause at performance of functions of the FAR,
previously approved information 52.232–27, Prompt Payment for and whether it will have practical
collection requirement concerning Construction Contracts, further require utility; whether our estimate of the
prompt payment. that contractors on construction public burden of this collection of
DATES: Submit comments on or before contracts: information is accurate, and based on
May 6, 2016. (a) Notify subcontractors/suppliers of valid assumptions and methodology;
ADDRESSES: Submit comments any amounts to be withheld and furnish ways to enhance the quality, utility, and
identified by Information Collection a copy of the notification to the clarity of the information to be
9000–0102, Prompt Payment, by any of contracting officer; collected; and ways in which we can
the following methods: (b) Pay interest to subcontractors/ minimize the burden of the collection of
• Regulations.gov: http:// suppliers if payment is not made by 7 information on those who are to
www.regulations.gov. Submit comments days after receipt of payment from the
respond, through the use of appropriate
via the Federal eRulemaking portal by Government, or within 7 days after
technological collection techniques or
searching the OMB control number. correction of previously identified
deficiencies; other forms of information technology.
Select the link ‘‘Submit a Comment’’
that corresponds with ‘‘Information (c) Pay interest to the Government if Obtaining Copies of Proposals:
Collection 9000–0102, Prompt amounts are withheld from Requesters may obtain a copy of the
Payment’’. Follow the instructions subcontractors/suppliers after the information collection documents from
provided at the ‘‘Submit a Comment’’ Government has paid the contractor the the General Services Administration,
screen. Please include your name, amounts subsequently withheld, or if Regulatory Secretariat Division (MVCB),
company name (if any), and the Government has inadvertently paid 1800 F Street NW., Washington, DC
‘‘Information Collection 9000–0102, the contractor for nonconforming 20405, telephone 202–501–4755. Please
Prompt Payment’’ on your attached performance; and cite OMB Control No. 9000–0102,
document. (d) Include a payment clause in each Prompt Payment, in all correspondence.
• Mail: General Services subcontract which obligates the
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Dated: March 2, 2016.
Administration, Regulatory Secretariat contractor to pay the subcontractor for
(MVCB), 1800 F Street NW., satisfactory performance under its Lorin S. Curit,
Washington, DC 20405. ATTN: Ms. subcontract no later than seven days Director, Federal Acquisition Policy Division,
Flowers/IC 9000–0102, Prompt after such amounts are paid to the Office of Governmentwide Acquisition Policy,
Payment. contractor, include an interest penalty Office of Acquisition Policy, Office of
Instructions: Please submit comments clause which obligates the contractor to Governmentwide Policy.
only and cite Information Collection pay the subcontractor an interest [FR Doc. 2016–04942 Filed 3–4–16; 8:45 am]
9000–0102, Prompt Payment, in all penalty if payments are not made in a BILLING CODE 6820–EP–P

VerDate Sep<11>2014 18:37 Mar 04, 2016 Jkt 238001 PO 00000 Frm 00058 Fmt 4703 Sfmt 9990 E:\FR\FM\07MRN1.SGM 07MRN1

Document Created: 2018-02-02 15:07:44
Document Modified: 2018-02-02 15:07:44

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of request for public comments regarding an extension to an existing OMB clearance.
Dates		Submit comments on or before May 6, 2016.
Contact		Ms. Kathlyn Hopkins, Procurement Analyst, Office of Acquisition Policy, GSA 202-969-7226 or email [email protected]
FR Citation		81 FR 11795

81 FR 11795 - Information Collection; Prompt Payment

DEPARTMENT OF DEFENSEGENERAL SERVICES ADMINISTRATIONNATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 44 (March 7, 2016)

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION