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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Proposed Rules
Regulatory Secretariat Division. DoD, GSA, and NASA invite comments from small business concerns and other interested parties on the expected impact of this rule on small entities.
DoD, GSA, and NASA will also consider comments from small entities concerning the existing regulations in subparts affected by the rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610
FAR Case 2020007, in correspondence.
VII. Paperwork Reduction Act This rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act 44 U.S.C.
35013521.
List of Subjects in 48 CFR Parts 12, 32, and 52
Government procurement.
William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy.

PART 12ACQUISITION OF
COMMERCIAL ITEMS
Amended
2. Amend section 12.301 by removing paragraph d15.

PART 32CONTRACT FINANCING
3. Revise sections 32.009 and 32.009
1 to read as follows:

32.009 Providing accelerated payments to small business contractors and to prime contractors that subcontract with a small business concern.

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General.

a Pursuant to 31 U.S.C. 3903a and 10 U.S.C. 2307a, agencies shall provide accelerated payments, to the fullest extent permitted by law, with a goal of 15 days after receipt of a proper invoice and all other required documentation, if a specific payment date is not established by contract, to 1 Small business contractors; and 2 Prime contractors that subcontract with a small business concern, if the prime contractor agrees to make payments to the small business
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Amended
4. Amend section 32.903 by removing from paragraph a5 5 CFR 1315.5
and adding 5 CFR 1315.5, but see 32.0091a in its place.

Amended
5. Amend section 32.906 by removing from paragraph a2 are necessary see 32.903a5 and adding is necessary. See 32.903a5, but see 32.0091a in its place.

Authority: 40 U.S.C. 121c; 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.

32.0091

32.903

32.906

Therefore, DoD, GSA, and NASA
propose amending 48 CFR parts 12, 32, and 52 as set forth below:
1. The authority citation for 48 CFR
parts 12, 32, and 52 continues to read as follows:

12.301

subcontractor within 15 days of receiving the accelerated payment from the Government, after receipt of a proper invoice and all other required documentation from the small business subcontractor, to the maximum extent practicable, without any further consideration from or fees charged to the subcontractor.
b This acceleration does not provide any new rights under the Prompt Payment Act and does not affect the application of the Prompt Payment Act late payment interest provisions.
c Agencies may use the Governmentwide commercial purchase card as a method of payment see 32.1108 to facilitate accelerated payment, to earn refunds, and to reduce invoice processing costs.

PART 52SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
6. Amend section 52.2125 by a. Revising the date of the clause;
b. Redesignating paragraphs a5 and 6 as paragraphs a6 and 7; and adding a new paragraph a5;
c. Redesignating paragraph e1xxii as paragraph e1xxiii; and adding a new paragraph e1xxii; and d. In Alternate II
i. Revising the date of the Alternate;
ii. Redesignating paragraph e1iiU as paragraph e1iiV;
and adding a new paragraph e1iiU;
The revision and addition read as follows:

52.2125 Contract Terms and Conditions Required To Implement Statutes or Executive OrdersCommercial Items.

Contract Terms and Conditions Required To Implement Statutes or Executive Orders Commercial Items DATE
a
5 52.23240, Providing Accelerated Payments to Small Business Subcontractors DATE 31 U.S.C. 3903 and 10 U.S.C. 2307.

e1
xxii 52.23240, Providing Accelerated Payments to Small Business Subcontractors DATE 31 U.S.C. 3903 and 10 U.S.C. 2307.

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Flow down required in accordance with paragraph c of 52.23240.

Alternate II DATE.
e1
ii
U 52.23240, Providing Accelerated Payments to Small Business Subcontractors DATE 31 U.S.C. 3903 and 10 U.S.C. 2307.
Flow down required in accordance with paragraph c of 52.23240.

7. Amend section 52.2134 by a. Revising the date of the clause;
b. Redesignating paragraphs a1viii and ix as paragraphs a1ix and x; and adding a new paragraph a1viii;
c. Removing paragraph a2vi;
d. Redesignating paragraphs a2vii through ix as paragraphs a2vi through viii; and e. Removing from the newly redesignated paragraph a2vii JUL
2021 and adding DATE in its place.
The revision and addition read as follows:

52.2134 Terms and Conditions Simplified Acquisitions Other Than Commercial Items.

Terms and ConditionsSimplified Acquisitions Other Than Commercial Items DATE
a
1
viii 52.23240, Providing Accelerated Payments to Small Business Subcontractors DATE 31 U.S.C. 3903 and 10 U.S.C. 2307.

8. Amend section 52.23240 by revising the date of the clause and paragraphs a and c to read as follows:

52.23240 Providing Accelerated Payments to Small Business Subcontractors.

Providing Accelerated Payments to Small Business Subcontractors DATE
a1 In accordance with 31 U.S.C. 3903
and 10 U.S.C. 2307, within 15 days after receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor, if a specific payment date is not established by contract.
2 The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.

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