81 FR 31241 - Submission for OMB Review; Prompt Payment
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 81, Issue 96 (May 18, 2016)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 81, Issue 96 (May 18, 2016)
| Page Range | 31241-31241 | |
| FR Document | 2016-11687 |
[Federal Register Volume 81, Number 96 (Wednesday, May 18, 2016)] [Notices] [Page 31241] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11687] [[Page 31241]] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000-0102; Docket 2016-0053; Sequence 20] Submission for OMB Review; 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 June 17, 2016. ADDRESSES: Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Office of Information and Regulatory Affairs of OMB, Attention: Desk Officer for GSA, Room 10236, NEOB, Washington, DC 20503. Additionally submit a copy to GSA 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 kathlyn.hopkins@gsa.gov. 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. A notice was published in the Federal Register at 81 FR 11795 on March 7, 2016. No comments were received. B. Annual Reporting Burden Respondents: 807. Responses per Respondent: 11. Total Responses: 8,877. Hours per Response: .25. Total Burden Hours: 2,219. 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: May 12, 2016. Lorin S. Curit, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2016-11687 Filed 5-17-16; 8:45 am] BILLING CODE 6820-EP-P
![Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Notices 31241
DEPARTMENT OF DEFENSE personal and/or business confidential subcontractors to include similar
information provided. To confirm clauses in their subcontracts.
GENERAL SERVICES receipt of your comment(s), please These requirements are imposed by
ADMINISTRATION check www.regulations.gov, Public Law 100–496, the Prompt
approximately two to three days after Payment Act Amendments of 1988.
NATIONAL AERONAUTICS AND submission to verify posting (except
SPACE ADMINISTRATION allow 30 days for posting of comments Contracting officers will be notified if
submitted by mail). the contractor withholds amounts from
[OMB Control No. 9000–0102; Docket 2016–
0053; Sequence 20] FOR FURTHER INFORMATION CONTACT: Ms. subcontractors/suppliers after the
Kathlyn Hopkins, Procurement Analyst, Government has already paid the
Submission for OMB Review; Prompt Office of Acquisition Policy, GSA 202– contractor the amounts withheld. The
Payment 969–7226 or email kathlyn.hopkins@ contracting officer must then charge the
gsa.gov. contractor interest on the amounts
AGENCY: Department of Defense (DOD),
withheld from subcontractors/suppliers.
General Services Administration (GSA), SUPPLEMENTARY INFORMATION:
Federal agencies could not comply with
and National Aeronautics and Space
Administration (NASA). A. Purpose the requirements of the law if this
Part 32 of the FAR and the clause at information were not collected. A notice
ACTION: Notice of request for public
FAR 52.232–5, Payments Under Fixed- was published in the Federal Register at
comments regarding an extension to an
Price Construction Contracts, require 81 FR 11795 on March 7, 2016. No
existing OMB clearance.
that contractors under fixed-price comments were received.
SUMMARY: Under the provisions of the construction contracts certify, for every B. Annual Reporting Burden
Paperwork Reduction Act, the progress payment request, that
Regulatory Secretariat Division will be payments to subcontractors/suppliers Respondents: 807.
submitting to the Office of Management have been made from previous
and Budget (OMB) a request to review Responses per Respondent: 11.
payments received under the contract
and approve an extension to a and timely payments will be made from Total Responses: 8,877.
previously approved information the proceeds of the payment covered by Hours per Response: .25.
collection requirement concerning the certification, and that this payment Total Burden Hours: 2,219.
prompt payment. request does not include any amount
DATES: Submit comments on or before which the contractor intends to C. Public Comments
June 17, 2016. withhold from a subcontractor/supplier.
ADDRESSES: Submit comments regarding Part 32 of the FAR and the clause at Public comments are particularly
this burden estimate or any other aspect 52.232–27, Prompt Payment for invited on: Whether this collection of
of this collection of information, Construction Contracts, further require information is necessary for the proper
including suggestions for reducing this that contractors on construction performance of functions of the FAR,
burden to: Office of Information and contracts: and whether it will have practical
Regulatory Affairs of OMB, Attention: (a) Notify subcontractors/suppliers of utility; whether our estimate of the
Desk Officer for GSA, Room 10236, any amounts to be withheld and furnish public burden of this collection of
NEOB, Washington, DC 20503. a copy of the notification to the information is accurate, and based on
Additionally submit a copy to GSA by contracting officer; valid assumptions and methodology;
any of the following methods: (b) Pay interest to subcontractors/ ways to enhance the quality, utility, and
• Regulations.gov: http:// suppliers if payment is not made by 7 clarity of the information to be
www.regulations.gov. Submit comments days after receipt of payment from the collected; and ways in which we can
via the Federal eRulemaking portal by Government, or within 7 days after minimize the burden of the collection of
searching the OMB control number. correction of previously identified information on those who are to
Select the link ‘‘Submit a Comment’’ deficiencies; respond, through the use of appropriate
that corresponds with ‘‘Information (c) Pay interest to the Government if technological collection techniques or
Collection 9000–0102, Prompt amounts are withheld from other forms of information technology.
Payment’’. Follow the instructions subcontractors/suppliers after the
Government has paid the contractor the Obtaining Copies of Proposals:
provided at the ‘‘Submit a Comment’’
amounts subsequently withheld, or if Requesters may obtain a copy of the
screen. Please include your name,
the Government has inadvertently paid information collection documents from
company name (if any), and
the contractor for nonconforming the General Services Administration,
‘‘Information Collection 9000–0102,
Prompt Payment’’ on your attached performance; and Regulatory Secretariat Division (MVCB),
document. (d) Include a payment clause in each 1800 F Street NW., Washington, DC
• Mail: General Services subcontract which obligates the 20405, telephone 202–501–4755.
Administration, Regulatory Secretariat contractor to pay the subcontractor for Please cite OMB Control No. 9000–
(MVCB), 1800 F Street NW., satisfactory performance under its 0102, Prompt Payment, in all
Washington, DC 20405. ATTN: Ms. subcontract no later than seven days correspondence.
Flowers/IC 9000–0102, Prompt after such amounts are paid to the
Dated: May 12, 2016.
Payment. contractor, include an interest penalty
sradovich on DSK3TPTVN1PROD with NOTICES
Instructions: Please submit comments clause which obligates the contractor to Lorin S. Curit,
only and cite Information Collection pay the subcontractor an interest Director, Federal Acquisition Policy Division,
9000–0102, Prompt Payment, in all penalty if payments are not made in a Office of Governmentwide Acquisition Policy,
correspondence related to this timely manner, and include a clause Office of Acquisition Policy, Office of
collection. Comments received generally requiring each subcontractor to include Governmentwide Policy.
will be posted without change to http:// these clauses in each of its [FR Doc. 2016–11687 Filed 5–17–16; 8:45 am]
www.regulations.gov, including any subcontractors and to require each of its BILLING CODE 6820–EP–P
VerDate Sep<11>2014 17:10 May 17, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4703 Sfmt 9990 E:\FR\FM\18MYN1.SGM 18MYN1](https://thefederalregister.org/doc/81_FR_31337/page/1.svg)
Document Created: 2016-05-18 00:06:50
Document Modified: 2016-05-18 00:06:50
| 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 June 17, 2016. | |
| Contact | Ms. Kathlyn Hopkins, Procurement Analyst, Office of Acquisition Policy, GSA 202-969-7226 or email [email protected] | |
| FR Citation | 81 FR 31241 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR