[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]


=======================================================================
-----------------------------------------------------------------------

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.

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

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:
    <bullet> 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.
    <bullet> Fax: 202-501-4067.
    <bullet> 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 
<a href="/cdn-cgi/l/email-protection#db98beb8beb7b2baf5bfbaadb2a89bbca8baf5bcb4ad"><span class="__cf_email__" data-cfemail="c586a0a6a0a9aca4eba1a4b3acb685a2b6a4eba2aab3">[email protected]</span></a>.

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


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>