Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices 30091 

Price Construction Contracts, require 

that contractors under fixed price 

construction contracts certify, for every 

progress payment request, that 

payments to subcontractors/suppliers 

have been made from previous 

payments received under the contract 

and timely payments will be made from 

the proceeds of the payment covered by 

the certification, and that this payment 

request does not include any amount 

which the contractor intends to 

withhold from a subcontractor/supplier. 

Part 32 of the FAR and the clause at 

52.232–27, Prompt Payment for 

Construction Contracts, further require 

that contractors on construction 

contracts— 

(a) Notify subcontractors/suppliers of 

any amounts to be withheld and furnish 

a copy of the notification to the 

contracting officer; 

(b) Pay interest to subcontractors/ 

suppliers if payment is not made by 7 

days after receipt of payment from the 

Government, or within 7 days after 

correction of previously identified 

deficiencies; 

(c) Pay interest to the Government if 

amounts are withheld from 

subcontractors/suppliers after the 

Government has paid the contractor the 

amounts subsequently withheld, or if 

the Government has inadvertently paid 

the contractor for nonconforming 

performance; and 

(d) Include a payment clause in each 

subcontract which obligates the 

contractor to pay the subcontractor for 

satisfactory performance under its 

subcontract not later than 7 days after 

such amounts are paid to the contractor, 

include an interest penalty clause which 

obligates the contractor to pay the 

subcontractor an interest penalty if 

payments are not made in a timely 

manner, and include a clause requiring 

each subcontractor to include these 

clauses in each of its subcontractors and 

to require each of its subcontractors to 

include similar clauses in their 

subcontracts. 

These requirements are imposed by 

Public Law 100–496, the Prompt 

Payment Act Amendments of 1988. 

Contracting officers will be notified if 

the contractor withholds amounts from 

subcontractors/suppliers after the 

Government has already paid the 

contractor the amounts withheld. The 

contracting officer must then charge the 

contractor interest on the amounts 

withheld from subcontractors/suppliers. 

Federal agencies could not comply with 

the requirements of the law if this 

information were not collected. 

B. Annual Reporting Burden 

Respondents: 36,666. 

Responses per Respondent: 11. 

Total Responses: 403,326. 

Hours per Response: 11. 

Total Burden Hours: 44,366. 

C. Annual Recordkeeping Burden 

Recordkeepers: 33,333. 

Hours per Recordkeeper: 18. 

Total Recordkeeping Burden Hours: 

599,994. 

Obtaining Copies of Proposals: 

Requesters may obtain a copy of the 

information collection documents from 

the General Services Administration, 

Regulatory Secretariat (VPR), 1800 F 

Street, NW., Room 4041, Washington, 

DC 20405, telephone (202) 501–4755. 

Please cite OMB Control No. 9000–0102, 

Prompt Payment, in all correspondence. 

Dated: June 18, 2009. 

Al Matera, 

Director, Office of Acquisition Policy. 

[FR Doc. E9–14804 Filed 6–23–09; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0073] 

Federal Acquisition Regulation; 

Information Collection; Advance 

Payments 

AGENCIES: Department of Defense (DOD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Notice of request for comments 

regarding the reinstatement of a 

previously existing OMB clearance. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), the Federal 

Acquisition Regulation (FAR), 

Regulatory 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 Advance 

Payments. 

Public comments are particularly 

invited on: Whether this collection of 

information is necessary; 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 

August 24, 2009. 

ADDRESSES: Submit comments regarding 

this burden estimate or any other aspect 

of this collection of information, 

including suggestions for reducing this 

burden, to: General Services 

Administration, Regulatory Secretariat 

(VPR), 1800 F Street, NW., Room 4041, 

Washington, DC 20405. Please cite OMB 

Control No. 9000–0073, Advance 

Payments, in all correspondence. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Edward Chambers, Procurement 

Analyst, Contract Policy Division, GSA, 

(202) 501–3221. 

A. Purpose 

Advance payments may be authorized 

under Federal contracts and 

subcontracts. Advance payments are the 

least preferred method of contract 

financing and require special 

determinations by the agency head or 

designee. Specific financial information 

about the contractor is required before 

determinations by the agency head or 

designee. Specific financial information 

about the contractor is required before 

such payments can be authorized (see 

FAR 32.4 and 52.232–12). The 

information is used to determine if 

advance payments should be provided 

to the contractor. 

B. Annual Reporting Burden 

Respondents: 500. 

Responses per Respondent: 1. 

Annual Responses: 500. 

Hours per Response: 1. 

Total Burden Hours: 500. 

Obtaining Copies of Proposals: 

Requesters may obtain a copy of the 

information collection documents from 

the General Services Administration, 

Regulatory Secretariat (VPR), 1800 F 

Street, NW., Room 4041, Washington, 

DC 20405, telephone (202) 501–4755. 

Please cite OMB Control No. 9000–0073, 

Advance Payments, in all 

correspondence. 

Dated: June 18, 2009. 

Al Matera, 

Director, Office of Acquisition Policy. 

[FR Doc. E9–14827 Filed 6–23–09; 8:45 am] 

BILLING CODE 6820–EP–P