Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to clarify that the clause “Prospective Subcontractor Requests for Bonds” does not apply to commercial items.
Effective Date: September 17, 2008.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Mr. Michael Jackson, Procurement Analyst, at (202) 208-4949 for clarification of content. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501-4755. Please cite FAC 2005-27, FAR case 2007-022.End Further Info End Preamble Start Supplemental Information
The FAR clause at FAR 52.228-12, Prospective Subcontractor Requests for Bonds, implemented 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. The FAR clause at 52.228-12, which has an effective date of October 1, 1995, reflects the addition of Section 806(a)(3) of Pub L. 102-190, as amended by Sections 2091 and 8105 of Pub. L. 103-355, at FAR 12.503(a) and 12.504(a). When the implementation of FAR 28.106-4 occurred, the appropriate incorporation of the FAR clause at 52.228-12, Prospective Subcontractor Requests for Bonds, was accomplished, but not the incorporation of the associated statutory citation in FAR 12.503 and 12.504.
This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule. This final rule does not constitute a significant FAR revision within the meaning of FAR 1.501 and Pub. L. 98-577, and publication for public comments is not required. However, the Councils will consider comments from small entities concerning the affected FAR Part 12 in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 601, et seq. (FAC 2005-27, FAR case 2007-022), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to the FAR do not impose information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.Start List of Subjects
List of Subjects in 48 CFR Part 12End List of Subjects Start Signature
Dated: September 9, 2008.
Director, Office of Acquisition Policy.
Therefore, DoD, GSA, and NASA amendEnd Amendment Part Start Part
PART 12—ACQUISITION OF COMMERCIAL ITEMSEnd Part Start Amendment Part
1. The authority citation forEnd Amendment Part Start Amendment Part
2. Amend section 12.503 by revising the section heading and adding paragraph (a)(7) to read as follows:End Amendment Part
(a) * * *
(7) Section 806(a)(3) of Pub. L. 102-190, as amended by Sections 2091 and 8105 of Pub. L. 103-355, Payment Protections for Subcontractors and Suppliers (see 28.106-6).Start Amendment Part
3. Amend section 12.504 by adding paragraph (a)(13) to read as follows:End Amendment Part
(a) * * *
(13) Section 806(a)(3) of Pub. L. 102-190, as amended by Sections 2091 and 8105 of Pub. L. 103-355, Payment Protections for Subcontractors and Suppliers (see 28.106-6).End Supplemental Information
[FR Doc. E8-21381 Filed 9-16-08; 8:45 am]
BILLING CODE 6820-EP-S