28808 Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Notices 

Items To Be Discussed 

Compliance matters pursuant to 2 

U.S.C. 437g. 

Audits conducted pursuant to 2 

U.S.C. 437g, 438(b), and Title 26, U.S.C. 

Matters concerning participation in civil 

actions or proceedings or arbitration. 

Internal personnel rules and 

procedures or matters affecting a 

particular employee. 

* * * * * 

PERSON TO CONTACT FOR INFORMATION: 

Judith Ingram, Press Officer. Telephone: 

(202) 694–1220. 

Darlene Harris, 

Acting Secretary of the Commission. 

[FR Doc. 2010–12345 Filed 5–21–10; 8:45 am] 

BILLING CODE 6715–01–M 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0135; Docket 2010– 

0083; Sequence 23] 

Federal Acquisition Regulation; 

Information Collection; 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. 

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. 

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 

July 23, 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 Davis, Procurement Analyst, 

Contract Policy Branch, GSA (202) 219– 

0202 or e-mail Cecelia.davis@gsa.gov. 

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. 

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: May 14, 2010. 

Al Matera, 

Director, Acquisition Policy Division. 

[FR Doc. 2010–12371 Filed 5–21–10; 8:45 am] 

BILLING CODE 6820–EP–P 

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