View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

FAR RIN: 9000-AM98 Publication ID: Spring 2015 
Title: ●Federal Acquisition Regulation (FAR); FAR Case 2014-004; Payment of Subcontractors 

This interim rule amends the Federal Acquisition Regulation (FAR) to implement section 1334 of the Small Business Jobs Act of 2010 and the Small Business Administration’s (SBA) final rule, Small Business Subcontracting, published July 16, 2013. If a contract requires a subcontracting plan, the prime contractor must notify the contracting officer in writing if the prime contractor pays a reduced price to a small business subcontractor, or if payment is more than 90 days past due for supplies or services for which the Government has paid the contractor. The contractor is also to include the reason for the reduction in payment or failure to pay. A contracting officer will then use his or her best judgment in determining whether the late or reduced payment was justified. SBA’s final rule required the contracting officer to record the identity of a prime contractor with a history of three or more unjustified untimely payments to subcontractors, within a 12-month period under a single contract, in the Federal Awardee Performance and Integrity Information System. This case is included in the FAR retrospective review of existing regulations under Executive Order 13563. Additional information is located in the FAR final plan (2015), available at:

Agency: DOD/GSA/NASA (FAR)(FAR)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 48 CFR 12    48 CFR 42   
Legal Authority: 40 U.S.C. 121(c)    10 U.S.C. ch 137    51 U.S.C. 20113   
Legal Deadline:  None
Action Date FR Cite
Interim Final Rule  07/00/2015 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Curtis E. Glover Sr.
Procurement Analyst
1800 F Street, NW,
Washington, DC 20405
Phone:202 501-1448