[Federal Register Volume 75, Number 196 (Tuesday, October 12, 2010)]
[Notices]
[Pages 62540-62541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25649]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0135; Docket 2010-0083; Sequence 23]
Federal Acquisition Regulation; Submission for OMB Review;
Prospective Subcontractor Requests for Bonds
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.
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SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995
(44 U.S.C. Chapter 35), 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. A notice published in the
Federal Register at 75 FR 28808 on May 24, 2010 and one comment was
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
[[Page 62541]]
respond, through the use of appropriate technological collection
techniques or other forms of information technology.
DATES: Submit comments on or before November 12, 2010.
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., Room 4041, Washington, DC
20405. 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 e-mail
[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 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 Public Law 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 Public Law 102-190, as
amended by Sections 2091 and 8105 of Public Law 103-355.
One comment was received. The commenter expressed support for
extending this information collection. The commenter had some concern
because subcontractors are not receiving payment bonds from the prime
contractor upon request. The Miller Act allows subcontractors to
request a copy of the payment bond from the prime contractor. In
addition, FAR 28.106-6(d) requires the contracting officer to provide a
copy of the payment bond to subcontractors upon request. The commenter
recommended that the Government consider creating an online system for
prospective subcontractors and suppliers to view and print copies of
the payment bond. At this time, the online system is deemed unnecessary
because there are other alternatives currently in place to receive this
information. As stated earlier, the FAR currently requires the
contracting officer to provide to the subcontractor a copy of the
payment bond upon request as stated in FAR 28.106(d). The Government is
unaware of problems resulting from this option.
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, Regulatory Secretariat (MVCB), 1800 F Street, NW., Room
4041, Washington, DC 20405, telephone (202) 501-4755. Please cite OMB
Control Number 9000-0135, Prospective Subcontractor Requests for Bonds,
in all correspondence.
Dated: October 6, 2010.
Edward C. Loeb,
Director, Acquisition Policy Division.
[FR Doc. 2010-25649 Filed 10-8-10; 8:45 am]
BILLING CODE 6820-EP-P