[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Notices]
[Pages 15224-15225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07388]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0045; Docket No. 2019-0003; Sequence No. 17]
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 and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and the
Office of Management and Budget (OMB) regulations, the FAR Council
invites the public to comment upon a renewal concerning bid guarantees,
performance and payment bonds, and alternative payment protections.
DATES: Submit comments on or before June 14, 2019.
ADDRESSES: The FAR Council invites interested persons to submit
comments on this collection by either of the following methods:
Federal eRulemaking Portal: This website provides the
ability to type short comments directly into the comment field or
attach a file for lengthier comments. Go to http://www.regulations.gov
and follow the instructions on the site.
Mail: General Services Administration, Regulatory
Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405.
ATTN: Ms. Mandell/IC 9000-0045, Bid Guarantees, Performance and Payment
Bonds, and Alternative Payment Protections.
Instructions: All items submitted must cite Information Collection
9000-0045, Bid Guarantees, Performance and Payment Bonds, and
Alternative Payment Protections. Comments received generally will be
posted without change to http://www.regulations.gov, including any
personal and/or business confidential information provided. To confirm
receipt of your comment(s), please check www.regulations.gov,
approximately two-to-three days after submission to verify posting
(except allow 30 days for posting of comments submitted by mail). This
information collection is pending at the FAR Council. The Council will
submit it to OMB within 60 days from the date of this notice.
FOR FURTHER INFORMATION CONTACT: Ms. Mahruba Uddowla, Procurement
Analyst, at telephone 703-605-2868, or [email protected].
SUPPLEMENTARY INFORMATION:
A. Overview of Information Collection
Description of the Information Collection
1. Type of Information Collection: Revision/Renewal of a currently
approved collection.
2. Title of the Collection: Bid Guarantees, Performance and Payment
Bonds, and Alternative Payment Protections.
3. Agency Form Number, if any: Standard Forms (SF) 24, 25, 25A,
25B, 34, 35, 273, 274, 275, 1416, and 1418.
Solicitation of Public Comment
Written comments and suggestions from the public should address one
or more of the following four points:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
B. Purpose
FAR Subparts 28.1 and 28.2; FAR clauses at 52.228-1, 52.228-2,
52.228-13, 52.228-14, 52.228-15, 52.228-16; and associated FAR standard
forms implement the statutory requirements of the Miller Act (40 U.S.C.
3131 to 3134), 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 regulations implement the
notice to 40 U.S.C. 3132, entitled ``Alternatives to Payment Bonds
Provided by the Federal Acquisition Regulation,'' which requires
alternative payment protection for construction contracts that exceed
$35,000 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.
FAR clause 52.228-1, Bid Guarantee, as prescribed in FAR 28.101-2,
requires the bidder to furnish a bid guarantee in the proper form and
amount (SF 24, Bid Bond; SF 34, Annual Bid Bond).
FAR clause 52.228-2, Additional Bond Security, as prescribed in FAR
28.106-4(a), requires the Contractor to furnish additional bond
security under certain circumstances. This clause is used both for
construction and other than construction contracts. (SF 1415, Consent
of Surety and Increase of Penalty).
FAR clause 52.228-13, Alternative Payment Protections, as
prescribed in FAR 28.102-3(b), requires the Contractor to submit one of
the payment protections listed in the clause by the Contracting
Officer, in construction contracts greater than $35,000 but not
exceeding $150,000.
FAR clause 52.228-14, Irrevocable Letter of Credit, as prescribed
in FAR 28.204-4, requires offerors to provide certain information when
they intend to use an irrevocable letter of credit (ILC) in lieu of a
required bid bond, or to secure other types of required bonds such as
performance and payment bonds. This clause is required in solicitations
and contracts when a bid guarantee, or performance bonds, or
performance and payment bonds are required.
FAR clause 52.228-15, Performance and Payment Bonds-Construction,
as prescribed in FAR 28.102-3(a), requires the contractor to provide
performance and payment bonds in construction contracts exceeding
$150,000 (SF 25, Performance Bond; SF 25A, Payment Bond; SF 25B,
Continuation Sheet (for SF's 24, 25, and 25A); SF 273, Reinsurance
Agreement for a Miller Act Performance Bond; SF 274, Reinsurance
Agreements for a Miller Act Payment Bond).
FAR clause 52.228-16, Performance and Payment Bonds-Other than
Construction, as prescribed by 28.103-4, requires performance and
payment bonds for other than construction contracts. This clause is
only used in limited circumstances. (SF 35, Annual
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Performance Bond; SF 1416, Payment Bond for Other Than Construction
Contracts; SF 275, Reinsurance Agreement in Favor of the United States;
SF 1418, Performance Bond for Other than Construction Contracts).
C. Annual Reporting Burden
Respondents: 803.
Responses per Respondent: 1.
Total Annual Responses: 803.
Hours per Response: 1.
Total Burden Hours: 803.
Affected Public: Businesses or other for-profit and not-for-profit
institutions.
Frequency: On occasion.
Obtaining Copies: Requesters may obtain a copy of the information
collection documents from the General Services Administration,
Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington,
DC 20405, 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: April 10, 2019.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide
Acquisition Policy, Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2019-07388 Filed 4-12-19; 8:45 am]
BILLING CODE 6820-EP-P