Information Collection; Certain Federal Acquisition Regulation Part 32 Requirements

<NOTICE> DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION <DEPDOC>[OMB Control No. 9000-0073; Docket No. 2025-0053; Sequence No. 5]</DEPDOC> <SUBJECT>Information Collection; Certain Federal Acquisition Regulation Part 32 Requirements</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). <HD SOURCE="HED">ACTION:</HD> Notice and request for comments. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> DoD, GSA, and NASA will consider all comments received by May 12, 2025. </DATES> <HD SOURCE="HED">ADDRESSES:</HD> DoD, GSA, and NASA invite interested persons to submit comments on this collection through <E T="03">https://www.regulations.gov</E> 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 <E T="03">GSARegSec@gsa.gov</E> . <E T="03">Instructions:</E> 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 <E T="03">https://www.regulations.gov,</E> including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check <E T="03">www.regulations.gov,</E> approximately two-to-three days after submission to verify posting. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> <E T="03">FARPolicy@gsa.gov</E> or call 202-969-4075. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">A. OMB Control Number, Title, and Any Associated Form(s)</HD> 9000-0073, Certain Federal Acquisition Regulation Part 32 Requirements <HD SOURCE="HD1">B. Need and Uses</HD> 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: <E T="03">FAR 32.408, Application for advance payments.</E> 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: • 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. • A cash flow forecast showing estimated disbursements and receipts for the period of contract performance. • The proposed total amount of advance payments. • The name and address of the financial institution at which the contractor expects to establish a special account as depository for the advance payments. • A description of the contractor's efforts to obtain unguaranteed private financing or a V-loan under eligible contracts. • Other information appropriate to an understanding of • the contractor's financial condition and need, • the contractor's ability to perform the contract without loss to the Government, and • 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. <E T="03">FAR 52.232-1 through 52.232-4, 52.232-6, 52.232-7, and 52.232-10—Payments.</E> 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. • 52.232-1, Payments. • 52.232-2, Payments under Fixed-Price Research and Development Contracts. • 52.232-3, Payments under Personal Services Contracts. • 52.232-4, Payments under Transportation Contracts and Transportation-Related Services Contracts. • 52.232-6, Payment under Communication Service Contracts with Common Carriers. • 52.232-7, Payments under Time-and-Materials and Labor-Hour Contracts. • 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: • Name and address of the contractor. • Invoice date and invoice number. • Contract number or other authorization for supplies delivered or services performed (including order number and line item number). • Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. • Shipping and payment terms. • Name and address of contractor official to whom payment is to be sent. • Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice. • Taxpayer Identification Number (TIN) if required by agency procedures. • Electronic funds transfer (EFT) banking information if required by agency procedures. • Any other information or documentation required by the contract ( <E T="03">e.g.,</E> evidence of shipment). The information is used to determine the proper amount of payments to Federal contractors. <E T="03">FAR 52.232-5, Payments under Fixed-Price Construction Contracts.</E> This clause requires the contractor's request for progress payments to include the following substantiation: • An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested. • A listing of the amount included for work performed by each subcontractor under the contract. • A listing of the total amount of each subcontract under the contract. • A listing of the amounts previously paid to each such subcontractor under the contract. • 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— • The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract; • 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; • 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 • 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. <E T="03">FAR 52.232-12, Advance Payments.</E> 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: • 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. • 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. • Per paragraph (m)—(1) Monthly, signed or certified balance sheets and profit and loss statements toget ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 17k characters. 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