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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]

# AGENCY:

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

# ACTION:

Notice and request for comments.

# 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                         *GSARegSec@gsa.gov.*

*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                         *zenaida.delgado@gsa.gov.*

# 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).       ( print 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                     *GSARegSec@gsa.gov.*                     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