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FAR | RIN: 9000-AM98 | Publication ID: Spring 2015 |
Title: ●Federal Acquisition Regulation (FAR); FAR Case 2014-004; Payment of Subcontractors | |
Abstract:
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: https://www.acquisition.gov/. |
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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 |
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 |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Information URL: www.regulations.gov | Public Comment URL: www.regulations.gov |
RIN Data Printed in the FR: No | |
Agency Contact: Curtis E. Glover Sr. Procurement Analyst DOD/GSA/NASA (FAR) 1800 F Street, NW, Washington, DC 20405 Phone:202 295-7548 Email: curtis.glover@gsa.gov |