Notice2025-04019
Information Collection; Certain Federal Acquisition Regulation Part 32 Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 13, 2025
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
In accordance with the Paperwork Reduction Act of 1995, and the Office of Management and Budget (OMB) regulations, DoD, GSA, and NASA invite the public to comment on an extension concerning certain Federal Acquisition Regulation part 32 requirements. DoD, GSA, and NASA invite comments on: whether the proposed collection of information is necessary for the proper performance of the functions of Federal Government acquisitions, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. OMB has approved this information collection for use through July 31, 2025. DoD, GSA, and NASA propose that OMB extend its approval for use for three additional years beyond the current expiration date.
Full Text
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<title>Federal Register, Volume 90 Issue 48 (Thursday, March 13, 2025)</title>
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[Federal Register Volume 90, Number 48 (Thursday, March 13, 2025)]
[Notices]
[Pages 11979-11982]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04019]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0073; Docket No. 2025-0053; Sequence No. 5]
Information Collection; Certain Federal Acquisition Regulation
Part 32 Requirements
AGENCY: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Notice and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, and
the Office of Management and Budget (OMB) regulations, DoD, GSA, and
NASA invite the public to comment on an extension concerning certain
Federal Acquisition Regulation part 32 requirements. DoD, GSA, and NASA
invite comments on: whether the proposed collection of information is
necessary for the proper performance of the functions of Federal
Government
[[Page 11980]]
acquisitions, including whether the information will have practical
utility; the accuracy of the estimate of the burden of the proposed
information collection; ways to enhance the quality, utility, and
clarity of the information to be collected; and ways to minimize the
burden of the information collection on respondents, including the use
of automated collection techniques or other forms of information
technology. OMB has approved this information collection for use
through July 31, 2025. DoD, GSA, and NASA propose that OMB extend its
approval for use for three additional years beyond the current
expiration date.
DATES: DoD, GSA, and NASA will consider all comments received by May
12, 2025.
ADDRESSES: DoD, GSA, and NASA invite interested persons to submit
comments on this collection through <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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. If there are difficulties submitting comments,
contact the GSA Regulatory Secretariat Division at 202-501-4755 or
<a href="/cdn-cgi/l/email-protection#0e495d4f5c6b695d6b6d4e697d6f20696178"><span class="__cf_email__" data-cfemail="5a1d091b083f3d093f391a3d293b743d352c">[email protected]</span></a>.
Instructions: All items submitted must cite OMB Control No. 9000-
0073, Certain Federal Acquisition Regulation Part 32 Requirements.
Comments received generally will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal and/or business
confidential information provided. To confirm receipt of your
comment(s), please check <a href="http://www.regulations.gov">www.regulations.gov</a>, approximately two-to-
three days after submission to verify posting.
FOR FURTHER INFORMATION CONTACT: <a href="/cdn-cgi/l/email-protection#094f485b596665606a70496e7a68276e667f"><span class="__cf_email__" data-cfemail="bef8ffeceed1d2d7ddc7fed9cddf90d9d1c8">[email protected]</span></a> or call 202-969-
4075.
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and Any Associated Form(s)
9000-0073, Certain Federal Acquisition Regulation Part 32
Requirements
B. Need and Uses
This justification supports the extension of OMB Control No. 9000-
0073. This clearance covers the information that offerors and
contractors must submit to comply with the following FAR requirements:
FAR 32.408, Application for advance payments. The authorities
behind advance payments are 41 U.S.C. chapter 45; 10 U.S.C. chapter
277; Public Law 85-804 (50 U.S.C. 1431-1435); and Executive Order
10789, November 14, 1958. In accordance with FAR 32.408(b), contractors
requesting advance payments must submit their request in writing to the
contracting officer and provide the following information:
<bullet> A reference to the contract if the request concerns an
existing contract, or a reference to the solicitation if the request
concerns a proposed contract.
<bullet> A cash flow forecast showing estimated disbursements and
receipts for the period of contract performance.
<bullet> The proposed total amount of advance payments.
<bullet> The name and address of the financial institution at which
the contractor expects to establish a special account as depository for
the advance payments.
<bullet> A description of the contractor's efforts to obtain
unguaranteed private financing or a V-loan under eligible contracts.
<bullet> Other information appropriate to an understanding of
<bullet> the contractor's financial condition and need,
<bullet> the contractor's ability to perform the contract without
loss to the Government, and
<bullet> financial safeguards needed to protect the Government's
interest.
The information is used to determine if advance payments should be
provided to the contractor. If advance payments are authorized, the
information is used to ensure proper procedures are followed to protect
the Government's interest.
FAR 52.232-1 through 52.232-4, 52.232-6, 52.232-7, and 52.232-10--
Payments. The basic authority for the contract financing that is
implemented in these clauses is contained in 41 U.S.C. chapter 45,
Contract Financing, 10 U.S.C. chapter 277, and Title III of the Defense
Production Act of 1950 (50 U.S.C. App.2091). The following FAR clauses
require the contractor to (as appropriate to the payment terms
specified in the contract) provide a proper invoice or voucher.
<bullet> 52.232-1, Payments.
<bullet> 52.232-2, Payments under Fixed-Price Research and
Development Contracts.
<bullet> 52.232-3, Payments under Personal Services Contracts.
<bullet> 52.232-4, Payments under Transportation Contracts and
Transportation-Related Services Contracts.
<bullet> 52.232-6, Payment under Communication Service Contracts
with Common Carriers.
<bullet> 52.232-7, Payments under Time-and-Materials and Labor-Hour
Contracts.
<bullet> 52.232-10, Payments under Fixed-Price Architect-Engineer
Contracts.
``Proper invoice'' is defined in FAR part 2 as an invoice that
meets the minimum standards specified in FAR 32.905(b), which include
the following items:
<bullet> Name and address of the contractor.
<bullet> Invoice date and invoice number.
<bullet> Contract number or other authorization for supplies
delivered or services performed (including order number and line item
number).
<bullet> Description, quantity, unit of measure, unit price, and
extended price of supplies delivered or services performed.
<bullet> Shipping and payment terms.
<bullet> Name and address of contractor official to whom payment is
to be sent.
<bullet> Name (where practicable), title, phone number, and mailing
address of person to notify in the event of a defective invoice.
<bullet> Taxpayer Identification Number (TIN) if required by agency
procedures.
<bullet> Electronic funds transfer (EFT) banking information if
required by agency procedures.
<bullet> Any other information or documentation required by the
contract (e.g., evidence of shipment).
The information is used to determine the proper amount of payments
to Federal contractors.
FAR 52.232-5, Payments under Fixed-Price Construction Contracts.
This clause requires the contractor's request for progress payments to
include the following substantiation:
<bullet> An itemization of the amounts requested, related to the
various elements of work required by the contract covered by the
payment requested.
<bullet> A listing of the amount included for work performed by
each subcontractor under the contract.
<bullet> A listing of the total amount of each subcontract under
the contract.
<bullet> A listing of the amounts previously paid to each such
subcontractor under the contract.
<bullet> Additional supporting data in a form and detail required
by the contracting officer.
Paragraph (c) of FAR clause 52.232-5 requires contractors to
provide a certification with each request for progress payment
certifying that--
<bullet> The amounts requested are only for performance in
accordance with the specifications, terms, and conditions of the
contract;
<bullet> All payments due to subcontractors and suppliers from
previous payments received under the contract have been made, and
timely payments will be made from the proceeds of the payment covered
by the certification;
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<bullet> The request for progress payment does not include any
amounts which the prime contractor intends to withhold or retain from a
subcontractor or supplier in accordance with the terms and conditions
of the subcontract; and
<bullet> The certification is not to be construed as final
acceptance of a subcontractor's performance.
Paragraph (d) of FAR clause 52.232-5 requires contractors to notify
contracting officers, if the contractor, after making a certified
request for progress payments, discovers that a portion or all of the
request constitutes a payment for performance by the contractor that
fails to conform to the specifications, terms, and conditions of the
contract. Contractors must notify the contracting officer that the
performance deficiency has been corrected.
The information is used to determine the proper amount of payments
to Federal contractors for construction contracts.
FAR 52.232-12, Advance Payments. For authority behind this clause,
see the authority for advance payments cited in the narrative above for
FAR 32.408. If advance payments are authorized, this clause requires
contractors to submit the following:
<bullet> Per paragraph (g)--The financial institution agreement, in
the form prescribed by the administering office, establishing the
special account, and clearly setting forth the special character of the
account and the responsibilities of the financial institution under the
account.
<bullet> Per paragraph (i)(3)--Notification of a lien in favor of
the Government to a third person receiving any items or materials on
which the Government has a lien, and a receipt from that third person
acknowledging the existence of the lien. Contractors are also required
to provide a copy of each receipt to the contracting officer.
<bullet> Per paragraph (m)--(1) Monthly, signed or certified
balance sheets and profit and loss statements together with a report on
the operation of the special account in the form prescribed by the
administering office; and (2) If requested, other information
concerning the operation of the contractor's business. (This same
requirement is at paragraph (j) of the clause with its Alternate V.)
If advance payments are authorized, the information is used to
ensure proper procedures are followed to protect the Government's
interest.
FAR 52.232-20 and 52.232-22--Limitation of Costs or Funds. FAR
clause 52.232-20, Limitation of Cost, requires the contractor to notify
the contracting officer in writing whenever it has reason to believe
that--
<bullet> The costs the contractors expect to incur under the
contract in the next 60 days, when added to all costs previously
incurred, will exceed 75 percent of the estimated cost of the
contracts; or
<bullet> The total cost for the performance of the contract will be
greater or substantially less than estimated.
As part of the notification, the contractor must provide a revised
estimate of the total cost of performing the contract.
FAR clause 52.232-22, Limitation of Funds, requires the contractor
to notify the contracting officer in writing whenever it has reason to
believe that the costs it expects to incur under the contract in the
next 60 days, when added to all costs previously incurred, will exceed
75 percent of (1) the total amount so far allotted to the contract by
the Government or, (2) if this is a cost-sharing contract, the amount
then allotted to the contract by the Government plus the contractor's
corresponding share. The notice must state the estimated amount of
additional funds required to continue performance for the contract
period. Sixty days before the end of the contract period, the
contractor must notify the contracting officer in writing of the
estimated amount of additional funds, if any, required to continue
performance under the contract, and when the funds will be required.
The information is used to avoid cost overruns and to ensure that
funding is available to complete work under Federal contracts.
FAR 52.232-27, Prompt Payment for Construction Contracts. The
authority for this FAR clause are the OMB prompt payment regulations at
5 CFR part 1315, which in turn implements the Prompt Payment statute.
Paragraph (a)(6)(ii) of FAR clause 52.232-27 requires contractors
making a written demand to the designated payment office for additional
penalty payment to support their demand with the following data:
<bullet> Specifically assert that late payment interest is due
under a specific invoice, and request payment of all overdue late
payment interest penalty and such additional penalty as may be
required;
<bullet> Attach a copy of the invoice on which the unpaid late
payment interest was due; and
<bullet> State that payment of the principal has been received,
including the date of receipt.
Paragraph (e)(5) of FAR clause 52.232-27 requires contractors to
notify contracting officers upon--
<bullet> Reduction of the amount of any subsequent certified
application for payment; or
<bullet> Payment to the subcontractor of any withheld amounts of a
progress payment, specifying: the amounts withheld; and the dates that
the withholding began and ended.
Paragraph (g) of FAR clause 52.232-27 requires contractors to issue
a written notice of any withholding to a subcontractor (with copy to
the contracting officer), specifying--
<bullet> The amount to be withheld;
<bullet> The specific causes for the withholding under the terms of
the subcontract; and
<bullet> The remedial actions to be taken by the subcontractor in
order to receive payment of the amounts withheld.
Paragraph (l) of FAR clause 52.232-27 requires contractors to remit
overpayments to the payment office cited in the contract along with a
description that includes the following:
<bullet> Circumstances of the overpayment (e.g., duplicate payment,
erroneous payment, liquidation errors, date(s) of overpayment);
<bullet> Affected contract number and delivery order number if
applicable;
<bullet> Affected line item or subline item, if applicable; and
<bullet> Contractor point of contact.
Contractors are required to provide a copy of the remittance and
supporting documentation to the contracting officer.
The information is used to understand when the contractor withholds
amounts from subcontractors and suppliers after the Government has
already paid the contractor the amounts withheld.
FAR 52.232-33, Payment by Electronic Funds Transfer--System for
Award Management. FAR clause 52.232-33 requires contractors to provide
updated EFT information in the System for Award Management (SAM) if
their information changes. According to the SAM Entity Registration
Checklist, the registration/renewal process asks entities to provide
the account type, routing number, and account number for EFT. The
burden associated with this clause is reflected under OMB Control
Number 9000-0189, Certain Federal Acquisition Regulation Part 4
Requirements. OMB Control Number 9000-0189 accounts for new
registrations and renewals in SAM, which includes providing EFT
information as part of the registration and renewal process.
FAR 52.232-34, Payment by Electronic Funds Transfer--Other than
System for Award Management. This clause requires contractors to
provide the following information to enable the
[[Page 11982]]
Government to make payments under the contract by EFT:
<bullet> The contract number (or other procurement identification
number).
<bullet> The contractor's name and remittance address.
<bullet> The signature, title, and telephone number of the
contractor official authorized to provide this information.
<bullet> The name, address, and 9-digit Routing Transit Number of
the contractor's financial agent.
<bullet> The contractor's account number and the type of account.
<bullet> If applicable, the Fedwire Transfer System telegraphic
abbreviation of the contractor's financial agent.
<bullet> If applicable, the contractor must provide the name,
address, telegraphic abbreviation, and 9-digit Routing Transit Number
of the correspondent financial institution receiving the wire transfer
payment if the contractor's financial agent is not directly on-line to
the Fedwire Transfer System.
31 U.S.C.3332 requires, subject to implementing regulations of the
Secretary of the Treasury at 31 CFR part 208, that EFT be used to make
all contract payments.
The information is used to enable the Government to make contract
payments by EFT.
C. Annual Burden
Respondents: 273,518.
Total Annual Responses: 1,789,889.
Total Burden Hours: 462,859.
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 <a href="/cdn-cgi/l/email-protection#470014061522201422240720342669202831"><span class="__cf_email__" data-cfemail="cd8a9e8c9fa8aa9ea8ae8daabeace3aaa2bb">[email protected]</span></a>. Please cite OMB
Control No. 9000-0073, Certain Federal Acquisition Regulation Part 32
Requirements.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide
Acquisition Policy, Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2025-04019 Filed 3-12-25; 8:45 am]
BILLING CODE 6820-EP-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.