[Federal Register Volume 78, Number 179 (Monday, September 16, 2013)]
[Notices]
[Pages 56896-56897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22460]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0135; Docket 2013-0077; Sequence 12]
Federal Acquisition Regulation; Information Collection;
Prospective Subcontractor Requests for Bonds
AGENCIES: 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.
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SUMMARY: Under the provisions of the Paperwork Reduction Act the
Regulatory Secretariat will be submitting to the Office of Management
and Budget (OMB) a request to review and approve an extension of a
previously approved information collection concerning subcontractor
requests for bonds.
DATES: Submit comments on or before November 15, 2013.
ADDRESSES: Submit comments identified by Information Collection 9000-
0135 by any of the following methods:
Regulations.gov: http://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``Information
Collection 9000-0135'' under the heading ``Enter Keyword or ID'' and
selecting ``Search.'' Select the link ``Submit a Comment'' that
corresponds with ``Information Collection 9000-0135.'' Follow the
instructions provided at the ``Submit a Comment'' screen. Please
include your name, company name (if any), and ``Information Collection
9000-0135'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), 1800 F Street NW., 2nd Floor, Washington, DC 20405-
0001. ATTN: Hada Flowers/IC 9000-0135.
Instructions: Please submit comments only and cite Information
Collection 9000-0135, in all correspondence related to this collection.
All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business
confidential information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement
Analyst, Acquisition Policy Division, GSA (202) 219-0202 or email
[email protected].
SUPPLEMENTARY INFORMATION:
A. Purpose
Part 28 of the FAR contains guidance related to obtaining financial
protection against damages under Government contracts (e.g., use of
bonds, bid guarantees, insurance etc.). Part 52 contains the texts of
solicitation provisions and contract clauses. These regulations
implement a statutory requirement for information to be provided by
Federal contractors relating to payment bonds furnished under
construction contracts which are subject to 40 U.S.C. chapter 31,
subchapter III, Bonds. This collection requirement is mandated by
Section 806 of the National Defense Authorization Act for Fiscal Years
1992 and 1993 (Pub. L. 102-190), as amended by Section 2091 of the
Federal Acquisition Streamlining Act of 1994 (Pub. L. 103-335). The
clause at 52.228-12, Prospective Subcontractor Requests for Bonds,
implements Section 806(a)(3) of Pub. L. 102-190, as amended, which
specifies that, upon the request of a prospective subcontractor or
supplier offering to furnish labor or material for the performance of a
construction contract for which a payment bond has been furnished to
the United States pursuant to 40 U.S.C. chapter 31, subchapter III,
Bonds, the contractor shall promptly provide a copy of such payment
bond to the requestor.
In conjunction with performance bonds, payment bonds are used in
Government construction contracts to secure fulfillment of the
contractor's obligations under the contract and to assure that the
contractor makes all payments, as required by law, to persons
furnishing labor or material in performance of the contract. This
regulation provides prospective subcontractors and suppliers a copy of
the payment bond furnished by the contractor to the Government for the
performance of a Federal construction contract subject to 40 U.S.C.
chapter 31, subchapter III, Bonds. It is expected that prospective
subcontractors and suppliers will use this information to determine
whether to contract with that particular prime contractor. This
information has been and will continue to be available from the
Government. The requirement for contractors to provide a copy of the
payment bond upon request to any prospective subcontractor or supplier
under the Federal construction contract is contained in Section
806(a)(3) of Public Law 102-190, as amended by Sections 2091 and 8105
of Public Law 103-355.
B. Annual Reporting Burden
Based on a Federal Procurement Data System (FPDS) report for the
number of new construction contract awards over $150,000 (simplified
acquisition threshold), there were 9,752 contracts awarded for Fiscal
Year (FY) 2012. The Government estimated that each contract awarded had
an average of 10 subcontractors (9,752 x 10), resulting in a total
universe of 97,520 subcontractors. In consultation with subject matter
experts, it was determined that 15% or 14,628 subcontractors (unique
vendors) would
[[Page 56897]]
request the required information. Consequently, it was determined that
14,628 unique vendors was a sufficient baseline for estimating the
number of respondents that would need to comply with this information
collection.
An adjustment is being made regarding the estimated number of five
annual responses, which was published in the Federal Register at 75 FR
62540 on October 12, 2010, to a more appropriate estimate of 1 response
annually (i.e., the number a subcontractor would request this
information). This adjustment results in a decrease of the estimated
burden on the public from 15,872.50 hours to 3,657 hours.
Respondents: 14,628.
Responses per Respondent: 1.
Total Responses: 14,628.
Hours per Response: .25.
Total Burden Hours: 3,657.
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 (MVCB), 1800 F Street NW., 2nd
Floor, Washington, DC 20405, telephone (202) 501-4755. Please cite OMB
Control Number 9000-0135, Prospective Subcontractor Requests for Bonds,
in all correspondence.
Dated: September 10, 2013.
Karlos Morgan,
Acting Director, Federal Acquisition Policy Division, Office of
Governmentwide Acquisition Policy, Office of Acquisition Policy, Office
of Governmentwide Policy.
[FR Doc. 2013-22460 Filed 9-13-13; 8:45 am]
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