Contract Financing--FAR sections affected: 52.232-28; 52.232-29; 52.232-30; 52.232-31; and 52.232-32

Forms and Documents

Document Name	Status
9000-0138 PRA Supporting Statement Part A 08.22.2023.docx Supporting Statement A	2023-08-28

IC Document Collections

IC ID	Document Title	Status
36677	Commercial Financing Instruction	Modified
244629	Performance Based Payments Instruction	Modified

ICR Details

OMB Control No: 9000-0138	ICR Reference No: 202308-9000-005
Status: Received in OIRA	Previous ICR Reference No: 202011-9000-005
Agency/Subagency: FAR	Agency Tracking No:
Title: Contract Financing--FAR sections affected: 52.232-28; 52.232-29; 52.232-30; 52.232-31; and 52.232-32
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  Yes
Type of Review Request: Regular	Date Submitted to OIRA: 08/28/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	01/31/2024
Responses	371	506
Time Burden (Hours)	742	1,012
Cost Burden (Dollars)	49,714	57,684

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Abstract: This clearance covers the information that offerors and contractors must submit to comply with the following FAR requirements: ● FAR 52.232-28, Invitation to Propose Performance-Based Payments. This provision requires an offeror, when invited to propose terms under which the Government will make performance-based contract financing payments during contract performance, to include the following: (1) The proposed contractual language describing the performance-based payments; and (2) A listing of— (i) The projected performance-based payment dates and the projected payment amounts; and (ii) The projected delivery date and the projected payment amount. (3) Information addressing the contractor's investment in the contract. ● FAR 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services. ● FAR 52.232-30, Installment Payments for Commercial Products and Commercial Services. These clauses require contractors, under commercial purchases pursuant to FAR part 12, to include with their payment requests an appropriately itemized statement of the financing payments requested and other supporting information, prepared in concert with the contracting officer. ● FAR 52.232-31, Invitation to Propose Financing Terms. This provision requires an offeror, when invited to propose terms under which the Government will make contract financing payments during contract performance under commercial purchases pursuant to FAR part 12, to include the following: (1) The proposed contractual language describing the contract financing; and (2) A listing of the earliest date and greatest amount at which each contract financing payment may be payable and the amount of each delivery payment. ● FAR 52.232-32, Performance-Based Payments. This clause requires the contractor's request for performance-based payment to include any information and documentation as required by the contract's description of the basis for payment; and a certification by a contractor official authorized to bind the contractor.

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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:
	88 FR 39849	06/20/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 58276	08/25/2023
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
Commercial Financing
Performance Based Payments

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ICR Summary of Burden

	Total Request	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	371	506	0	-135	0	0
Annual Time Burden (Hours)	742	1,012	0	-270	0	0
Annual Cost Burden (Dollars)	49,714	57,684	0	-7,970	0	0

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to: Miscellaneous Actions

Short Statement: There are no program changes. The FAR requirements remain the same. This extension includes adjustments to the public and Government burden estimates based on the following: ● The estimated number of respondents and responses per year is based on the historical average of FPDS data for the three most recent fiscal years (2020 through 2022) for the General Services Administration. ● The estimated cost per hour is based on use of the calendar year 2023 OPM GS wage rate for the rest of the United States. ● FAR Case 2019-013, Inflation Adjustment of Acquisition-Related Thresholds, increased the threshold at FAR 32.104 (d)(2)(i) and (ii) from $2.5M to $3M (85 FR 62485).

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Annual Cost to Federal Government: $49,714

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? No

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Common Form ICR:  Yes

Description/Changes for Common Form Usage: 

Approved RCFs using this ICR

Agency/Sub Agency	RCF ID	RCF Title	RCF Status	IC Title

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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: 08/28/2023

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