[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Notices]
[Pages 64433-64434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20272]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0001; Docket No. 2023-0053; Sequence No. 10]


Information Collection; Certain Federal Acquisition Regulation 
Part 28 Requirements

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, DoD, GSA, and 
NASA invite the public to comment on a revision concerning certain 
Federal Acquisition Regulation (FAR) part 28 requirements. DoD, GSA, 
and NASA invite comments on: whether the proposed collection of 
information is necessary for the proper performance of the functions of 
Federal Government acquisitions, including whether the information will 
have practical utility; the accuracy of the estimate of the burden of 
the proposed information collection; ways to enhance the quality, 
utility, and clarity of the information to be collected; and ways to 
minimize the burden of the information collection on respondents, 
including the use of automated collection techniques or other forms of 
information technology. OMB has approved this information collection 
for use through March 31, 2024. DoD, GSA, and NASA propose that OMB 
extend its approval for use for three additional years beyond the 
current expiration date.

DATES: DoD, GSA, and NASA will consider all comments received by 
November 20, 2023.

ADDRESSES: DoD, GSA, and NASA invite interested persons to submit 
comments on this collection through https://www.regulations.gov and 
follow the instructions on the site. This website provides the ability 
to type short comments directly into the comment field or attach a file 
for lengthier comments. If there are difficulties submitting comments, 
contact the GSA Regulatory Secretariat Division at 202-501-4755 or 
[email protected].
    Instructions: All items submitted must cite OMB Control No. 9000-
0001, Certain Federal Acquisition Regulation Part 28 Requirements. 
Comments received generally will be posted without change to https://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.

FOR FURTHER INFORMATION CONTACT: Zenaida Delgado, Procurement Analyst, 
at telephone 202-969-7207, or [email protected].

SUPPLEMENTARY INFORMATION:

A. OMB Control Number, Title, and Any Associated Form(s)

    OMB Control No. 9000-0001, Certain Federal Acquisition Regulation 
Part 28 Requirements, Standard Forms (SF) 24, 25, 25-A, 25-B, 28, 34, 
35, 273, 274, 275, 1414, 1415, 1416, and 1418

B. Need and Uses

    DoD, GSA, and NASA are combining OMB Control Nos. by FAR part. This 
consolidation is expected to improve industry's ability to easily and 
efficiently identify burdens associated with a given FAR part. The 
review of the information collections by FAR part allows improved 
oversight to ensure there is no redundant or unaccounted for burden 
placed on industry. Lastly, combining information collections in a 
given FAR part is also expected to reduce the administrative burden 
associated with processing multiple information collections.
    This justification supports the extension of OMB Control No. 9000-
0001 and combines it with the previously approved information 
collections under OMB Control No. 9000-0045, with the new title 
``Certain Federal Acquisition Regulation Part 28 Requirements''. Upon 
approval of this consolidated information collection, OMB Control No. 
9000-0045 will be discontinued. The burden requirements previously 
approved under the discontinued number will be covered under OMB 
Control No. 9000-0001.
    This clearance covers the information that offerors or contractors 
must submit to comply with the following FAR requirements:
     FAR 52.228-1, Bid Guarantee. This provision (or clause) 
requires offerors or contractors to furnish a bid guarantee in the 
proper form and amount when a performance bond or a performance and 
payment bond is also required. (SF 24, Bid Bond; SF 34, Annual Bid 
Bond).
     FAR 52.228-2, Additional Bond Security. This clause 
requires contractors to furnish additional bond security under certain 
circumstances. This clause is used both for construction and other than 
construction contracts. (SF 1414 Consent of Surety and SF 1415, Consent 
of Surety and Increase of Penalty).
     FAR 52.228-13, Alternative Payment Protections. This 
clause requires contractors 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 52.228-14, Irrevocable Letter of Credit. This clause 
requires offerors or contractors 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 bond, or performance 
and payment bonds are required.
     FAR 52.228-15, Performance and Payment Bonds--
Construction. This clause requires contractors to provide performance 
and payment bonds in construction contracts exceeding $150,000 (SF 25, 
Performance Bond; SF 25-A, Payment Bond; SF 25-B, Continuation Sheet 
(for SF's 24, 25, and 25-A); SF 273, Reinsurance Agreement for a Bonds 
Statute Performance Bond; SF 274, Reinsurance Agreement for a Bonds 
Statute Payment Bond).
     FAR 52.228-16, Performance and Payment Bonds--Other Than 
Construction. This clause requires contractors to furnish performance 
and payment bonds for other than construction contracts exceeding the 
simplified acquisition threshold only in certain circumstances. (SF 35, 
Annual Performance Bond; SF 275, Reinsurance Agreement in Favor of the 
United States; SF 1416, Payment Bond for Other Than Construction 
Contracts; SF 1418, Performance Bond for Other Than Construction 
Contracts).

[[Page 64434]]

     Standard Form (SF) 28, Affidavit of Individual Surety. 
This form is used by all executive agencies, including DoD, to obtain 
information from individuals wishing to serve as sureties to Government 
bonds. Offerors and contractors may use an individual surety as 
security for bonds required under a solicitation or contract for 
supplies or services (including construction). It is an elective 
decision on the part of the offeror or contractor to use individual 
sureties instead of other available sources of surety or sureties for 
Government bonds.
    The Government retains the bid guarantees, bonds, or alternative 
payment protections until the contractor's obligation is fulfilled. The 
contracting officer uses the information on the SF 28 to determine the 
acceptability of individuals proposed as sureties.

C. Annual Burden

    Respondents: 14,259.
    Total Annual Responses: 14,269.
    Total Burden Hours: 14,255.
    Obtaining Copies: Requesters may obtain a copy of the information 
collection documents from the GSA Regulatory Secretariat Division, by 
calling 202-501-4755 or emailing [email protected]. Please cite OMB 
Control No. 9000-0001, Certain Federal Acquisition Regulation Part 28 
Requirements.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2023-20272 Filed 9-18-23; 8:45 am]
BILLING CODE 6820-EP-P