Bid Guarantees, Performance, and Payments Bonds, and Alternative Payment Protection - FAR Sections Affected: Subparts 28.1 and 28.2; 52.228-1; 52-228-2; 52-228-13; 52.228-15; 52-228-16

Forms and Documents

Document	Type	Status	Availability
0045_CORRECTION-FR Publication 6.17.16.pdf	Supplementary Document	Uploaded 2016-06-22	Available
9000--0045_Supporting_Statement.doc	Supporting Statement A	Uploaded 2016-06-22	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
36471	Bid Guarantees, Performance, and Payments Bonds - FAR Sections Affected: 52.228-1 & 52.228-15		Modified
206129	Bid Guarantees, Performance, and Payments Bonds - FAR Sections Affected: 52-228-16		Modified
206128	Bid Guarantees, Performance, and Payments Bonds - FAR Sections Affected: 52.228-15		Removed
206127	Bid Guarantees, Performance, and Payments Bonds - FAR Sections Affected: 52-228-13		Modified
206125	Bid Guarantees, Performance, and Payments Bonds - FAR Sections Affected: 52-228-2		Modified

ICR Details

OMB Control No: 9000-0045	ICR Reference No: 201606-9000-004
Status: Historical Active	Previous ICR Reference No: 201303-9000-001
Agency/Subagency: FAR	Agency Tracking No:
Title: Bid Guarantees, Performance, and Payments Bonds, and Alternative Payment Protection - FAR Sections Affected: Subparts 28.1 and 28.2; 52.228-1; 52-228-2; 52-228-13; 52.228-15; 52-228-16
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 07/25/2016
	Date Received in OIRA: 06/22/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2019	36 Months From Approved	07/31/2016
Responses	974	0	56,013
Time Burden (Hours)	974	0	41,845
Cost Burden (Dollars)	44,668	0	0

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Abstract: These regulations 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 $30,000 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.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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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
60-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 15304	05/22/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 38180	06/14/2016
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Bid Guarantees, Performance, and Payments Bonds - FAR Sections Affected: 52.228-1 & 52.228-15
Bid Guarantees, Performance, and Payments Bonds - FAR Sections Affected: 52-228-13
Bid Guarantees, Performance, and Payments Bonds - FAR Sections Affected: 52-228-16
Bid Guarantees, Performance, and Payments Bonds - FAR Sections Affected: 52-228-2
Bid Guarantees, Performance, and Payments Bonds - FAR Sections Affected: 52.228-15

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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	974	56,013	0	-35,435	-19,604	0
Annual Time Burden (Hours)	974	41,845	0	-32,637	-8,234	0
Annual Cost Burden (Dollars)	44,668	0	0	44,668	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The Federal Procurement Data System showed significantly fewer construction contracts at the given ranges of dollar values than were shown in FY2011; this is possibly due to a large number of Recovery Act projects in the earlier part of this decade. Additionally, the assumption of 10 minutes per review (on the Government side) was increased to 15 minutes per review.

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Annual Cost to Federal Government: $11,161

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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

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: 06/22/2016

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