[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Notices]
[Pages 61580-61581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24852]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0045]


Federal Acquisition Regulation; Information Collection; Bid 
Guarantees, Performance and Payment Bonds, and Alternative Payment 
Protections

AGENCY: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice of reinstatement request for an information collection 
requirement regarding an existing OMB clearance.

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SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat will be submitting to the Office of Management 
and Budget (OMB) a request to review and approve an extension of a 
previously approved information collection requirement concerning bid 
guarantees, performance and payment bonds, and alternative payment 
protections.
    Public comments are particularly invited on: Whether this 
collection of information is necessary for the proper performance of 
functions of the Federal Acquisition Regulations (FAR), and whether it 
will have practical utility; whether our estimate of the public burden 
of this collection of information is accurate, and based on valid 
assumptions and methodology; ways to enhance the quality, utility, and 
clarity of the information to be collected; and ways in which we can 
minimize the burden of the collection of information on those who are 
to respond, through the use of appropriate technological collection 
techniques or other forms of information technology.

DATES: Submit comments on or before December 10, 2012.

ADDRESSES: Submit comments identified by Information Collection 9000-
0045, Bid Guarantees, Performance, and Payment Bonds, and Alternative 
Payment Protections by any of the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching the OMB 
control number. Select the link ``Submit a Comment'' that corresponds 
with ``Information Collection 9000-0045, Bid, Performance, and Payment 
Bonds''. Follow the instructions provided at the ``Submit a Comment'' 
screen. Please include your name, company name (if any), and 
``Information Collection 9000-0045, Bid Guarantees, Performance, and 
Payment Bonds, and Alternative Payment Protections'' on your attached 
document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), 1275 First Street NE., Washington, DC 20417. ATTN: 
Hada Flowers/IC 9000-0045, Bid Guarantees, Performance, and Payment 
Bonds, and Alternative Payment Protections.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0045, Bid Guarantees, Performance, and Payment Bonds, 
and Alternative Payment Protections, in all correspondence related to 
this collection. All comments received will be posted without change to 
http://www.regulations.gov, including any

[[Page 61581]]

personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Cecelia Davis, Procurement 
Analyst, Contract Policy Division, GSA (202) 219-0202 or email 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Purpose

    FAR Subparts 28.1 and 28.2; FAR clauses at 52.228-1, 52.228-2, 
52.228-13, 52.228-15, 52.228-16; and associated FAR standard forms 
implement the statutory requirements of the Miller Act (40 U.S.C. 3131 
et seq.), which requires performance and payment bonds for any 
construction contract exceeding $150,000, unless it is impracticable to 
require bonds for work performed in a foreign country, or it is 
otherwise authorized by law. In addition, the note to 40 U.S.C. 3132, 
entitled ``Alternatives to Payment Bonds Provided by the Federal 
Acquisition Regulation,'' is implemented in the FAR, which requires 
alternative payment protection for construction contracts that exceed 
$30,000 but do not exceed $150,000. Although not required by statute, 
under certain circumstances the FAR permits the Government to require 
bonds on other than construction contracts. The information collected 
under this clearance provides the Government with a form of security 
that the contractor will not withdraw a bid or assures that the 
contractor will perform its obligations under a contract.

B. Annual Reporting Burden

    The estimated annual reporting burden is slightly increased since 
published in the Federal Register at 74 FR 46988, on September 14, 
2009. Based on use of data, from the Federal Procurement Data System, 
for fiscal year 2011, an upward adjustment is made to the estimated 
annual reporting burden.
    Respondents: 7,800.
    Responses per Respondent: 7.6051.
    Total Responses: 59,320.
    Hours per Response: .42.
    Total Burden Hours: 24,914.
    Obtaining Copies of Proposals: Requesters may obtain a copy of the 
information collection documents from the General Services 
Administration, Regulatory Secretariat (MVCB), 1275 First Street NE., 
Washington, DC 20417, telephone (202) 501-4755. Please cite OMB Control 
No. 9000-0045, Bid Guarantees, Performance, and Payment Bonds, and 
Alternative Payment Protections, in all correspondence.

    Dated: September 28, 2012.
William Clark,
Acting Director, Federal Acquisition Policy Division, Office of 
Governmentwide Acquisition Policy, Office of Acquisition Policy, Office 
of Governmentwide Policy.
[FR Doc. 2012-24852 Filed 10-9-12; 8:45 am]
BILLING CODE 6820-EP-P