[Federal Register Volume 60, Number 45 (Wednesday, March 8, 1995)] [Notices] [Pages 12746-12747] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-5631] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE General Services Administration National Aeronautics and Space Administration [OMB Control No. 9000-0102] Clearance Request for Prompt Payment AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for an extension to an existing OMB clearance (9000-0102). ----------------------------------------------------------------------- SUMMARY: Under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501), the Federal Acquisition Regulation (FAR) Secretariat has submitted to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning Prompt Payment. FOR FURTHER INFORMATION CONTACT: Beverly Fayson, Office of Federal Acquisition Policy, GSA (202) 501-4755. SUPPLEMENTARY INFORMATION: A. Purpose Part 32 of the Federal Acquisition Regulation (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 not later than 7 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 subcontracts and to require each of its subcontractors to include similar clauses in their subcontracts. These requirements are imposed by Pub. L. 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 Public reporting burden for this collection of information is estimated to average .33 hours per response, including the time for reviewing instructions, searching, existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to General Services Administration, FAR Secretariat, 18th & F Streets, NW, Room 4037, Washington, DC 20405, and to the FAR Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. The annual reporting burden is estimated as follows: Respondents, 4,000; responses per respondent, 3; total annual responses, 12,000; preparation [[Page 12747]] hours per response, .33; and total response burden hours, 4,000. C. Annual Recordkeeping Burden The annual recordkeeping burden is estimated as follows: Recordkeepers, 20,000; hours per recordkeeper, 18; and total recordkeeping burden hours, 360,000. Obtaining Copies of Proposals Requester may obtain copies of OMB applications or justifications from the General Services Administration, FAR Secretariat (VRS), Room 4037, Washington, DC 20405, telephone (202) 501-4755. Please cite OMB Control No. 9000-0102, Prompt Payment, in all correspondence. Dated: March 2, 1995. Beverly Fayson, FAR Secretariat. [FR Doc. 95-5631 Filed 3-7-95; 8:45 am] BILLING CODE 6820-34-M