Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices 58275 

26Atl. Refin. Co., 381 U.S. 357. 

27See, e.g., Golden Grain Macaroni Co. v. FTC, 

472 F.2d 882, 885 (9th Cir. 1972); In re Dean Foods 

Co., 70 F.T.C. 1146 (1966); In re Nat’l Tea Co., 69 

F.T.C. 226 (1966); In re Beatrice Foods Co., 67 

F.T.C. 473 (1965); In re Foremost Dairies, Inc., 52 

F.T.C. 1480 (1956). 

many other practices.26 The 

Commission also initiated multiple 

actions challenging mergers or series of 

acquisitions on the basis of Section 5 

violations, separate and aside from 

Sherman or Clayton Act liability.27 In 

the 1980s, however, the Commission 

backed away from bringing standalone 

Section 5 cases. In 2015, the 

Commission effectively collapsed the 

distinction between Section 5 and the 

other antitrust statutes. Today’s action 

represents the first time in decades that 

the Commission has challenged a deal 

as a standalone violation of Section 5. 

It should remind market participants 

that transactions that might not strictly 

violate Section 7 can still pose a risk to 

competition that the FTC has a statutory 

obligation to address. 

Quantum’s position on EQT’s board of 

directors and its role as one of EQT’s 

largest shareholders would provide 

Quantum with the ability to sway or 

influence EQT’s competitive decisionmaking and to access EQT’s 

competitively sensitive information. 

The Commission’s complaint alleges 

these risks are particularly serious given 

certain past actions by the parties, as 

well as the natural gas industry’s history 

of encouraging the exchange of 

competitively sensitive information and 

public signaling to competitors. The 

complaint alleges that the two firms’ 

TMC joint venture separately violates 

Section 5 of the FTC Act as it creates 

additional opportunities for sharing 

competitively sensitive business 

information. Further, there is reason to 

believe that EQT and Quantum already 

may use TMC as a vehicle for 

information exchange for the purchase 

of mineral rights and in connection with 

EQT’s future drilling plans. This 

information is forward-looking, nonpublic, and competitively sensitive, and 

its exchange among rivals, coupled with 

the noncompete agreements in place 

within the joint venture, harms 

competition. 

The proposed order is designed to 

remedy these concerns. The order 

prohibits Quantum from occupying an 

EQT Board seat and requires it to divest 

the EQT shares, which would 

structurally eliminate key mechanisms 

for undue influence and information 

exchange. The order also limits both 

current and future entanglements 

between the firms and reduces 

opportunities for exchanging 

confidential and competitively 

significant information between the 

firms, including by requiring EQT and 

Quantum to unwind their existing joint 

venture and any noncompete 

provisions. 

[FR Doc. 2023–18272 Filed 8–24–23; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0135; Docket No. 

2023–0053; Sequence No. 3] 

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. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act, the 

Regulatory Secretariat Division has 

submitted to the Office of Management 

and Budget (OMB) a request to review 

and approve an extension of a 

previously approved information 

collection requirement regarding 

prospective subcontractor requests for 

bonds. 

DATES: Submit comments on or before 

September 25, 2023. 

ADDRESSES: Written comments and 

recommendations for this information 

collection should be sent within 30 days 

of publication of this notice to 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

Review—Open for Public Comments’’ or 

by using the search function. 

Additionally, submit a copy to GSA 

through https://www.regulations.gov 

and follow the instructions on the site. 

This website provides the ability to type 

short comments directly into the 

comment field or attach a file for 

lengthier comments. 

Instructions: All items submitted 

must cite OMB Control No. 9000–0135, 

Prospective Subcontractor Requests for 

Bonds. Comments received generally 

will be posted without change to 

https://www.regulations.gov, including 

any personal and/or business 

confidential information provided. To 

confirm receipt of your comment(s), 

please check www.regulations.gov, 

approximately two-to-three days after 

submission to verify posting. If there are 

difficulties submitting comments, 

contact the GSA Regulatory Secretariat 

Division at 202–501–4755 or 

GSARegSec@gsa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Zenaida Delgado, Procurement Analyst, 

at telephone 202–969–7207, or 

zenaida.delgado@gsa.gov. 

SUPPLEMENTARY INFORMATION: 

A. OMB Control Number, Title, and 

Any Associated Form(s) 

9000–0135, Prospective Subcontractor 

Requests for Bonds. 

B. Need and Uses 

Part 28 of the Federal Acquisition 

Regulation (FAR) contains guidance 

related to obtaining financial protection 

against losses under Federal contracts 

(e.g., bonds, bid guarantees, etc.). Part 

52 contains the corresponding 

provisions and clauses. These 

collectively implement the statutory 

requirement for Federal contractors to 

furnish payment bonds under 

construction contracts subject to 40 

U.S.C. chapter 31, subchapter III, Bonds. 

This information collection is 

mandated by section 806(a)(3) of Public 

Law 102–190, as amended by sections 

2091 and 8105 of the Federal 

Acquisition Streamlining Act of 1994 

(10 U.S.C. 4601 note prec.) (Pub. L. 103– 

335). Accordingly, the FAR clause at 

52.228–12, Prospective Subcontractor 

Requests for Bonds, requires prime 

contractors to promptly provide a copy 

of a payment bond, upon the request of 

a prospective subcontractor or supplier 

offering to furnish labor or material 

under a construction contract for which 

a payment bond has been furnished 

pursuant to 40 U.S.C. chapter 31. 

C. Common Form 

The General Services Administration 

is the sponsor agency of this common 

form. All executive agencies covered by 

the FAR will use this common form. 

Each executive agency will report their 

agency burden separately, and the 

reported information will be available at 

Reginfo.gov. 

D. Annual Burden 

General Services Administration 

Respondents: 317. 

Total Annual Responses: 793. 

Total Burden Hours: 270. 

E. Public Comment 

A 60-day notice was published in the 

Federal Register at 88 FR 39850, on 

June 20, 2023. No comments were 

received. 


ddrumheller on DSK120RN23PROD with NOTICES1
58276 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices 

Obtaining Copies: Requesters may 

obtain a copy of the information 

collection documents from the GSA 

Regulatory Secretariat Division by 

calling 202–501–4755 or emailing 

GSARegSec@gsa.gov. Please cite OMB 

Control No. 9000–0135, Prospective 

Subcontractor Requests for Bonds. 

Janet Fry, 

Director, Federal Acquisition Policy Division, 

Office of Governmentwide Acquisition Policy, 

Office of Acquisition Policy, Office of 

Governmentwide Policy. 

[FR Doc. 2023–18353 Filed 8–24–23; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0138; Docket No. 

2023–0053; Sequence No. 2] 

Submission for OMB Review; Contract 

Financing 

AGENCY: Department of Defense (DOD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Notice. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act, the 

Regulatory Secretariat Division has 

submitted to the Office of Management 

and Budget (OMB) a request to review 

and approve an extension of a 

previously approved information 

collection requirement regarding 

contract financing. 

DATES: Submit comments on or before 

September 25, 2023. 

ADDRESSES: Written comments and 

recommendations for this information 

collection should be sent within 30 days 

of publication of this notice to 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

Review—Open for Public Comments’’ or 

by using the search function. 

Additionally, submit a copy to GSA 

through https://www.regulations.gov 

and follow the instructions on the site. 

This website provides the ability to type 

short comments directly into the 

comment field or attach a file for 

lengthier comments. 

Instructions: All items submitted 

must cite OMB Control No. 9000–0138, 

Contract Financing. Comments received 

generally will be posted without change 

to https://www.regulations.gov, 

including any personal and/or business 

confidential information provided. To 

confirm receipt of your comment(s), 

please check www.regulations.gov, 

approximately two-to-three days after 

submission to verify posting. If there are 

difficulties submitting comments, 

contact the GSA Regulatory Secretariat 

Division at 202–501–4755 or 

GSARegSec@gsa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Zenaida Delgado, Procurement Analyst, 

at telephone 202–969–7207, or 

zenaida.delgado@gsa.gov. 

SUPPLEMENTARY INFORMATION: 

A. OMB Control Number, Title, and 

Any Associated Form(s) 

9000–0138, Contract Financing. 

B. Need and Uses 

This clearance covers the information 

that offerors and contractors must 

submit to comply with the following 

Federal Acquisition Regulation (FAR) 

requirements: 

• FAR 52.232–28, Invitation to 

Propose Performance-Based Payments. 

This provision requires an offeror, 

when invited to propose terms under 

which the Government will make 

performance-based contract financing 

payments during contract performance, 

to include the following: the proposed 

contractual language describing the 

performance-based payments; 

information addressing the contractor’s 

investment in the contract and a listing 

of— 

(i) The projected performance-based 

payment dates and the projected 

payment amounts; and 

(ii) The projected delivery date and 

the projected payment amount. 

• FAR 52.232–29, Terms for 

Financing of Purchases of Commercial 

Products and Commercial Services. 

• FAR 52.232–30, Installment 

Payments for Commercial Products and 

Commercial Services. 

These clauses require contractors, 

under commercial purchases pursuant 

to FAR part 12, to include with their 

payment requests an appropriately 

itemized statement of the financing 

payments requested and other 

supporting information, prepared in 

concert with the contracting officer. 

• FAR 52.232–31, Invitation to 

Propose Financing Terms. 

This provision requires an offeror, 

when invited to propose terms under 

which the Government will make 

contract financing payments during 

contract performance under commercial 

purchases pursuant to FAR part 12, to 

include the following: the proposed 

contractual language describing the 

contract financing; and a listing of the 

earliest date and greatest amount at 

which each contract financing payment 

may be payable and the amount of each 

delivery payment. 

• FAR 52.232–32, Performance-Based 

Payments. 

This clause requires the contractor’s 

request for performance-based payment 

to include any information and 

documentation as required by the 

contract’s description of the basis for 

payment; and a certification by a 

contractor official authorized to bind the 

contractor. 

The contracting officer uses the 

collected information to review and 

approve contract financing requests, and 

establish and administer contract 

financing terms. 

C. Common Form 

The General Services Administration 

is the sponsor agency of this common 

form. All executive agencies covered by 

the FAR will use this common form. 

Each executive agency will report their 

agency burden separately, and the 

reported information will be available at 

Reginfo.gov. 

D. Annual Burden 

General Services Administration 

Respondents: 49. 

Total Annual Responses: 371. 

Total Burden Hours: 742. 

E. Public Comment 

A 60-day notice was published in the 

Federal Register at 88 FR 39849, on 

June 20, 2023. No comments were 

received. 

Obtaining Copies: Requesters may 

obtain a copy of the information 

collection documents from the GSA 

Regulatory Secretariat Division by 

calling 202–501–4755 or emailing 

GSARegSec@gsa.gov. Please cite OMB 

Control No. 9000–0138, Contract 

Financing. 

Janet Fry, 

Director, Federal Acquisition Policy Division, 

Office of Governmentwide Acquisition Policy, 

Office of Acquisition Policy, Office of 

Governmentwide Policy. 

[FR Doc. 2023–18354 Filed 8–24–23; 8:45 am] 

BILLING CODE 6820–EP–P 


ddrumheller on DSK120RN23PROD with NOTICES1