[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Notices]
[Pages 34892-34893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15368]
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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]
Submission for OMB Review; 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.
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SUMMARY: Under the provisions of the Paperwork Reduction Act, the
Regulatory Secretariat Division has submitted to the Office of
Management and Budget (OMB) a request to review and approve a renewal
of a previously approved information collection requirement regarding
bid guarantees, performance and payment bonds, and alternative payment
protections.
DATES: Submit comments on or before August 19, 2019.
ADDRESSES: Submit comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing this burden to: Office of Information and Regulatory Affairs
of OMB, Attention: Desk Officer for GSA, Room 10236, NEOB, Washington,
DC 20503. Additionally submit a copy to GSA by any 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).
FOR FURTHER INFORMATION CONTACT: Ms. Mahruba Uddowla, Procurement
Analyst, at telephone 703-605-2868, or [email protected].
SUPPLEMENTARY INFORMATION:
A. OMB Number, Title, and Any Associated Form(s)
9000-0045, Bid Guarantees, Performance and Payment Bonds, and
Alternative Payment Protections--Standard Forms (SF) 24, 25, 25A, 25B,
34, 35, 273, 274, 275, 1416, and 1418.
B. Needs and Uses
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
[[Page 34893]]
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 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.
D. Public Comment
A 60 day notice was published in the Federal Register at 84 FR
15224, on April 15, 2019. No comments were received.
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: July 16, 2019.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide
Acquisition Policy, Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2019-15368 Filed 7-18-19; 8:45 am]
BILLING CODE 6820-EP-P