ARRA Bonding Assistance Program Reimbursable Fee Program

Forms and Documents

Document Name	Status
Form DOT F 4504 ARRA Bonding Assistance Program Reimbursable Fee Program Form and Instruction	New
OMB required info08_19_09.PDF Supplementary Document	2009-08-19
OSDBU BAP ARRA Notice-FinalDraft 081309.doc Supplementary Document	2009-08-18
signedemergencyletter.pdf Supplementary Document	2009-08-18
Supporting Documentation-Links to Laws.doc Supplementary Document	2009-08-18
INFORMATION COLLECTIONSSfinal08-18-09.doc Supporting Statement A	2009-08-18

IC Document Collections

IC ID	Document Title	Status
190341	ARRA Bonding Assistance Program Reimbursable Fee Program Form and Instruction	New

ICR Details

OMB Control No: 2105-0562	ICR Reference No: 200908-2105-002
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOT/OST	Agency Tracking No:
Title: ARRA Bonding Assistance Program Reimbursable Fee Program
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 08/20/2009
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/21/2009
	Date Received in OIRA: 08/20/2009
Terms of Clearance: This collection is approved with the following terms of clearance: DOT is approved an emergency clearance for the collection to meet the American Reinvestment Recovery Act requirements. This collection will be valid for 180 days. If DOT decides to continue use of the form past the approved emergency clearance time period, they must resubmit to OMB under the normal PRA clearance process for a three year approval.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2010	6 Months From Approved
Responses	1,770	0	0
Time Burden (Hours)	3,540	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The information collected will be from the Disadvantaged Business Enterprise (DBE) working on transportation or infrastructure ARRA funded project. The information collected will be used by DOT OSDBU to verify eligibility, process the application, and disburse the reimbursement. The information being collected relates the name of the company; full street address; the Dun and Bradstreet Number (DUNS); Central Contractor Registration along with Bank information to process their payment; DOT transportation related contract information; supporting documentation that shows the federal project number, bond information along with a copy of their bond; and proof of payment of the fee. The applicant’s eligibility is determined by submitting a copy of a DBE certification and/or annual affidavit, if applicable, for bonding fee reimbursement for specific bonds. This will be verified by OSDBU staff as part of the application process. Instructions are attached along with a copy of sample letter to show how to obtain the federal project number. This information is necessary to be able to reimburse the DBE the financial assistance for the bond fees.

Emergency Justfication: In an effort to assist the Disadvantaged Business Enterprises (DBEs) obtain transportation and infrastructure contracts at the local, state and federal levels, the Department of Transportation’s (DOT) Office of the Secretary, Office of Small and Disadvantaged Business Utilization (OSDBU) has established under the American Recovery and Reinvestment Act (ARRA) of 2009, the DBE ARRA BAP Reimbursement Fee Program This program will assist DBEs become more competitive and perform on more transportation infrastructure projects receiving ARRA funding assistance from any DOT mode of transportation such as Federal Highway Administration, (FHWA), Federal Transit Administration (FTA), Federal Aviation Administration (FAA), Federal Railroad Administration (FRA), and the Maritime Administration (MARAD). The DBE ARRA BAP is financial assistance in the form of a bonding fee cost reimbursement. DOT will directly reimburse DBEs the premiums paid to the surety company, usually between 2-3% of the total bond amount, for performance, payment or bid/proposal bonds. In the event the DBE also obtains a bond guarantee from Small Business Administration’s (SBA) Surety Bond Guarantee Program (SBGP), the DOT will also reimburse the DBE for the small business concern (principal) fee of .729% of the contract price.

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Authorizing Statute(s): PL: Pub.L. 111 - 5 Division A, Title XII Name of Law: Federal Highway Administration, Highway Infrastructure Investment
   US Code: 40 USC Title 40 Subtitle II, Part A Name of Law: Bonds of Contractors of Public Buildings or Works
  

Citations for New Statutory Requirements: US Code: 49 USC 49 CFR 26, Title 49 Name of Law: Participation By Disadvantaged Business Enterprises in Department of Transportation Financial Asst.

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
ARRA Bonding Assistance Program Reimbursable Fee Program	DOT F 4504	ARRA Application For Reimbursement of Bond Fees

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1,770	0	0	1,770	0	0
Annual Time Burden (Hours)	3,540	0	0	3,540	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: In an effort to assist the Disadvantaged Business Enterprises (DBEs) obtain transportation and infrastructure contracts at the local, state and federal levels, the Department of Transportation’s (DOT) Office of the Secretary, Office of Small and Disadvantaged Business Utilization (OSDBU) has established under the American Recovery and Reinvestment Act (ARRA) of 2009, the DBE ARRA BAP Reimbursement Fee Program This program will assist DBEs become more competitive and perform on more transportation infrastructure projects receiving ARRA funding assistance from any DOT mode of transportation such as Federal Highway Administration, (FHWA), Federal Transit Administration (FTA), Federal Aviation Administration (FAA), Federal Railroad Administration (FRA), and the Maritime Administration (MARAD). The DBE ARRA BAP is financial assistance in the form of a bonding fee cost reimbursement. DOT will directly reimburse DBEs the premiums paid to the surety company, usually between 2-3% of the total bond amount, for performance, payment or bid/proposal bonds. In the event the DBE also obtains a bond guarantee from Small Business Administration’s (SBA) Surety Bond Guarantee Program (SBGP), the DOT will also reimburse the DBE for the small business concern (principal) fee of .729% of the contract price. The reporting requirements for recipients of bonding premium(s) and fee(s) under the DBE ARRA BAP are covered in Section 1512 of the ARRA. Section 1512 requires “any entity that receives recovery funds directly from the Federal Government (including recovery funds received through grant, loan, or contract) other than an individual,'' to provide regular ``Recipient Reports.''

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Annual Cost to Federal Government: $127,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Yes

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/20/2009

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