Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Notices 14171

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

[FAR Case 94–764]

OMB Clearance Request for Contract

Financing

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Notice of new request for OMB

clearance.

SUMMARY: Under the provisions of the

Paperwork Reduction Act of 1980 (44

U.S.C. 3501), the Federal Acquisition

Regulation (FAR) Secretariat has

submitted to the Office of Management

and Budget (OMB) a request to review

and approve a new information

collection requirement concerning

Contract Financing.

DATES: Comments may be submitted on

or before May 15, 1995.

ADDRESSES: Send comments to Mr. Peter

Weiss, FAR Desk Officer, OMB, Room

10236, NEOB, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT:

Beverly Fayson, Office of Federal

Acquisition Policy, GSA (202) 501–

4755.

SUPPLEMENTARY INFORMATION:

A. Purpose

The Federal Acquisition Streamlining

Act of 1994, Pub. L. 103–355, provides

authorities that streamline the

acquisition process and minimize

burdensome government-unique

requirements. Sections 2001 and 2051 of

the Federal Acquisition Streamlining

Act of 1994 substantially changed the

statutory authorities for Government

financing of contracts. Sections 2001(f)

and 2051(e) provide specific authority

for Government financing of purchases

of commercial items, and sections

2001(b) and 2051(b) substantially

revised the authority for Government

financing of purchases of noncommercial items.

Sections 2001(f) and 2051(e) provide

specific authority for Government

financing of purchases of commercial

items. These paragraphs authorize the

Government to provide contract

financing with certain limitations:

• The financing must be in the best

interest of the Government,

• The financing cannot exceed 15

percent until some performance of work

under the contract,

• The terms and conditions must be

appropriate or customary in the

commercial marketplace.

The above statutory provisions also

remove from financing of commercial

purchases certain restrictions applicable

to financing of non-commercial

purchases by other provisions of 10

U.S.C. 2307 and 41 U.S.C. 255.

Sections 2001(b) and 2051(b) also

amend the authority for Government

financing of non-commercial purchases

by authorizing financing on the basis of

certain classes of measures of

performance.

To implement these changes, DOD,

NASA, and GSA propose to amend the

Federal Acquisition Regulation by

revising Subparts 32.0, 32.1, and 32.5;

by adding new Subparts 32.2 and 32.10;

and by adding new clauses to 52.232.

The statutory changes create a

fundamental distinction between

financing of purchases of commercial

and non-commercial items. As a result,

the subparts of Part 32, Contract

Financing, fall into three logical

categories:

• Subparts applicable to both

commercial and non-commercial

financing,

• Subparts applicable to only

commercial financing, and

• Subparts applicable to only noncommercial financing.

The proposed rule will enable the

Government to provide financing to

assist in the performance of contracts for

commercial items and provide financing

for non-commercial items based on

contractor performance.

B. Annual Reporting Burden

Public reporting burden for this

collection of information is estimated to

average 1 hour per request for

commercial financing and .5 hours per

request for performance-based

financing, including the time for

reviewing instructions, searching

existing data sources, gathering and

maintaining the data needed, and

completing and reviewing the collection

of information. Send comments

regarding this burden estimate or any

other aspect of this collection of

information, including suggestions for

reducing this burden, to General

Services Administration, FAR

Secretariat, 18th & F Streets, NW, Room

4037, Washington, DC 20405, and to the

FAR Desk Officer, Office of Information

and Regulatory Affairs, Office of

Management and Budget, Washington,

DC 20503.

The annual reporting burden for

Commercial Financing is estimated as

follows: Respondents, 1,000; responses

per respondent, 5; total annual

responses, 5,000; preparation hours per

response, 1; and total response burden

hours, 5,000.

The annual reporting burden for

Performance-Based Financing is

estimated as follows: Respondents,

6,000; responses per respondent, 32;

total annual responses, 192,000;

preparation hours per response, .5; and

total response burden hours, 96,000.

OBTAINING COPIES OF PROPOSALS:

Requester may obtain copies of OMB

applications or justifications from the

General Services Administration, FAR

Secretariat (VRS), Room 4037,

Washington, DC 20405, telephone (202)

501–4755. Please cite OMB clearance

request regarding Contract Financing,

FAR case 94–764, in all correspondence.

Dated: March 9, 1995.

Beverly Fayson,

FAR Secretariat.

[FR Doc. 95–6293 Filed 3–14–95; 8:45 am]

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