[Federal Register Volume 69, Number 24 (Thursday, February 5, 2004)]
[Notices]
[Pages 5512-5513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2352]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0135]


Federal Acquisition Regulation; Information Collection; 
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).

-----------------------------------------------------------------------

SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 
(44 U.S.C. chapter 35), the Federal Acquisition Regulation (FAR) 
Secretariat will be submitting 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. The clearance currently expires on May 31, 2004.
    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: Submit comments on or before April 5, 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.

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

[[Page 5513]]

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.

B. Annual Reporting Burden

    Respondents: 12,000.
    Responses Per Respondent: 5.
    Total Responses: 60,000.
    Hours Per Response: .5.
    Total Burden Hours: 30,000.
    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: January 30, 2004.
Ralph J. DeStefano,
Acting Director, Acquisition Policy Division.
[FR Doc. 04-2352 Filed 2-4-04; 8:45 am]
BILLING CODE 6820-EP-P