Prompt Payment - FAR Sections Affected: 52.232-5 & 52.232-27

Forms and Documents

Document	Type	Status	Availability
9000-0102 Supporting Statement 5-3-19 (1).docx	Supporting Statement A	Uploaded 2019-08-13	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
36621	Prompt Payment - FAR Section: 52.232-5		Modified
237343	Prompt Payment - FAR Section: 52.232-7		New

ICR Details

OMB Control No: 9000-0102	ICR Reference No: 201908-9000-007
Status: Active	Previous ICR Reference No: 201605-9000-001
Agency/Subagency: FAR	Agency Tracking No:
Title: Prompt Payment - FAR Sections Affected: 52.232-5 & 52.232-27
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/14/2019
	Date Received in OIRA: 08/13/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2022	36 Months From Approved	09/30/2019
Responses	214,671	0	8,877
Time Burden (Hours)	70,842	0	2,219
Cost Burden (Dollars)	3,825,437	0	127,005

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Abstract: Paragraph (c) of the clause at Federal Acquisition Regulation (FAR) 52.232-5, Payments Under Fixed-Price Construction Contracts, requires 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, timely payments will be made from the proceeds of the payment covered by the certification, and that this request for progress payments does not include any amount which the contractor intends to withhold from a subcontractor/supplier.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 21340	05/14/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 37873	08/02/2019
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Prompt Payment - FAR Section: 52.232-7
Prompt Payment - FAR Section: 52.232-5

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	214,671	8,877	0	205,794	0	0
Annual Time Burden (Hours)	70,842	2,219	0	68,623	0	0
Annual Cost Burden (Dollars)	3,825,437	127,005	0	3,698,432	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: However, the total annual public reporting burden increased by 68,623 hours over the OIRA cleared burden hours of 2,219 in 2016 due to an increase in the number of respondents per year based on contracting data from the latest fiscal year. In addition, the total annual public recordkeeping burden dropped from previously approved 14,526 hours to zero hours. Although this information collection requirement does not impose any specific recordkeeping requirements, the first supporting statement for this collection in 1988 included 18 hours per contract to maintain a recordkeeping system, because the information collection requirements were estimated to require more detailed records than was customary at that time with regard to billing by and payment to subcontractors. With the increase of automated systems in the intervening years, the Government now estimates that there is no Government-unique recordkeeping burden associated with this information collection beyond customary commercial practices. Note that it appears that the recordkeeping hours were calculated for the prior clearance in 2016, however they were not provided to OIRA and included in the current inventory of hours, due to an oversight. In addition, the estimated costs to the public were adjusted based on an update to the wage rates for the personnel preparing or submitting the information.

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Annual Cost to Federal Government: $1,399,464

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/13/2019

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