[Federal Register: May 5, 2004 (Volume 69, Number 87)]
[Notices]
[Page 25069-25070]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my04-49]
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DEPARTMENT OF DEFENSE
General Services Administration
National Aeronautics and Space Administration
[OMB Control No. 9000-0135]
Federal Acquisition Regulation; Submission for OMB Review;
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 (9000-0135).
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SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995
(44 U.S.C. chapter 35), 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 subcontractor requests
for bonds. A request for public comments was published at 69 FR 5512 on
February 5, 2004. No comments were received. However, upon further
review, we believe that the time required to provide a copy to a
requestor should be reduced from one-half hour to a quarter-hour.
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
[[Page 25070]]
respond, through the use of appropriate technological collection
techniques or other forms of information technology.
DATES: Submit comments on or before June 4, 2004.
ADDRESSES: Submit comments including suggestions for reducing this
burden to the General Services Administration, FAR Secretariat (MVA),
1800 F Street, NW., Room 4035, Washington, DC 20405. Please cite OMB
Control No. 9000-0135, Subcontractor Requests for Bonds, in all
correspondence.
FOR FURTHER INFORMATION CONTACT: Cecelia Davis, Acquisition Policy
Division, GSA (202) 219-0202.
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 the Miller Act (40 U.S.C.
270a-270d). 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 the Miller Act, 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 the Miller
Act. 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 Pub. L. 102-190, as
amended by sections 2091 and 8105 of Pub. L. 103-355.
B. Annual Reporting Burden
Respondents: 12,698.
Responses Per Respondent: 5.
Total Responses: 63,490.
Hours Per Response: .25.
Total Burden Hours: 15,872.50.
Obtaining Copies of Proposals: Requesters may obtain a copy of the
information collection documents from the General Services
Administration, FAR Secretariat (MVA), Room 4035, 1800 F Street,
Washington, DC 20405, telephone (202) 501-4755. Please cite OMB Control
No. 9000-0135, Subcontractor Requests for Bonds, in all correspondence.
Dated: April 29, 2004.
Laura Auletta,
Director, Acquisition Policy Division.
[FR Doc. 04-10146 Filed 5-4-04; 8:45 am]