[Federal Register Volume 87, Number 83 (Friday, April 29, 2022)]
[Notices]
[Pages 25487-25488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09154]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0045; Docket No. 2022-0053; Sequence No. 14]


Information Collection; Bid Guarantees, Performance and Payment 
Bonds, and Alternative Payment Protection

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 an extension concerning bid guarantees, 
performance and payment bonds, and alternative payment protections. 
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 August 31, 2022. 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 June 
28, 2022.

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 
<a href="/cdn-cgi/l/email-protection#90d7c3d1c2f5f7c3f5f3d0f7e3f1bef7ffe6"><span class="__cf_email__" data-cfemail="6f283c2e3d0a083c0a0c2f081c0e41080019">[email protected]</span></a>.
    Instructions: All items submitted must cite OMB Control No. 9000-
0045, Bid Guarantees, Performance and Payment Bonds, and Alternative 
Payment Protection. 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: Ms. Marissa Ryba, Procurement Analyst, 
at telephone 314-586-1280, or <a href="/cdn-cgi/l/email-protection#4d202c3f243e3e2c633f342f2c0d2a3e2c632a223b"><span class="__cf_email__" data-cfemail="6e030f1c071d1d0f401c170c0f2e091d0f40090118">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

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

    9000-0045, Bid Guarantees, Performance and Payment Bonds, and 
Alternative Payment Protection, Standard Forms (SF) 24, 25, 25-A, 25-B, 
34, 35, 273, 274, 275, 1415, 1416, and 1418.

B. Need and Uses

    This justification supports an extension of the expiration date of 
OMB Control No. 9000-0045. This clearance covers the information that 
offerors or contractors must submit to comply with the following 
Federal Acquisition Regulation (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

[[Page 25488]]

contractors 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 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).
    The bid guarantees, bonds, or alternative payment protections are 
retained by the Government until the contractor's obligation is 
fulfilled.

C. Annual Burden

    Respondents: 6,279.
    Total Annual Responses: 6,279.
    Total Burden Hours: 6,279.
    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 <a href="/cdn-cgi/l/email-protection#e1a6b2a0b38486b28482a1869280cf868e97"><span class="__cf_email__" data-cfemail="c087938192a5a793a5a380a7b3a1eea7afb6">[email protected]</span></a>. Please cite OMB 
Control No. 9000-0045, Bid Guarantees, Performance and Payment Bonds, 
and Alternative Payment Protection.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2022-09154 Filed 4-28-22; 8:45 am]
BILLING CODE 6820-EP-P


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