[Federal Register: July 23, 2007 (Volume 72, Number 140)]
[Notices]               
[Page 40123-40124]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jy07-31]                         

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0135]

 
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 Payments. A 
request for public comments was published in the Federal Register at 72 
FR 19187, April 17, 2007. No comments were received.
    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.

DATES: Comments may be submitted on or before August 22, 2007.

ADDRESSES: Comments including suggestions for reducing this burden 
should be submitted to: FAR Desk Officer, OMB, Room 10102, NEOB, 
Washington, DC 20503, and a copy to the General Services 
Administration, FAR Secretariat (VIR), 1800 F Street, NW, Room 4035, 
Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT Ms. Cecelia Davis, Contract 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 USC 
270a-270d). This collection requirement is mandated by Section 806 of 
the National Defense Authorization Act for Fiscal Years 1992 and 1993 
(P.L. 102-190), as amended by Section 2091 of the Federal Acquisition 
Streamlining Act of 1994 (P.L. 103-335). The clause at 52.228-12, 
Prospective Subcontractor Requests for Bonds, implements Section 
806(a)(3) of P.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

[[Page 40124]]

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 P.L. 102-190, as amended by Sections 2091 and 8105 of P.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: Requester may obtain a copy of the 
proposal from the General Services Administration, FAR Secretariat 
(VIR), Room 4035, 1800 F Street, Washington, DC 20405, telephone (202) 
501-4755. Please cite OMB Control No. 9000-0135, Prospective 
Subcontractor Requests for Bonds, in all correspondence.

    Dated: July 16, 2007.
Al Matera,
Acting Director, Contract Policy Division.
[FR Doc. 07-3563 Filed 7-20-07; 8:45 am]

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