Bid Guarantees, Performance, and Payments Bonds, and Alternative Payment Protection - FAR Sections Affected: 52.228-1, 52.228-2, 52.228-13 thru 52.228-16

Forms and Documents

Document Name	Status
Form SF 24 Bid Guarantees, Performance, and Payments Bonds, and Alternative Payment Protection - FAR Sections Affected: 52.228-1, 52.228-2, 52.228-13 thru 52.228-16 Form and Instruction	Modified
Form SF 35 Bid Guarantees, Performance, and Payments Bonds - FAR Sections Affected: 52-228-16 Form and Instruction	Removed
9000-0045 Supporting Statement6.28.19.docx Supporting Statement A	2019-07-22

IC Document Collections

IC ID	Document Title	Status
36471	Bid Guarantees, Performance, and Payments Bonds, and Alternative Payment Protection - FAR Sections Affected: 52.228-1, 52.228-2, 52.228-13 thru 52.228-16 Form and Instruction	Modified
206129	Bid Guarantees, Performance, and Payments Bonds - FAR Sections Affected: 52-228-16 Form and Instruction	Removed
206127	Bid Guarantees, Performance, and Payments Bonds - FAR Sections Affected: 52-228-13	Removed
206125	Bid Guarantees, Performance, and Payments Bonds - FAR Sections Affected: 52-228-2	Removed

ICR Details

OMB Control No: 9000-0045	ICR Reference No: 201907-9000-002
Status: Active	Previous ICR Reference No: 201610-9000-004
Agency/Subagency: FAR	Agency Tracking No:
Title: Bid Guarantees, Performance, and Payments Bonds, and Alternative Payment Protection - FAR Sections Affected: 52.228-1, 52.228-2, 52.228-13 thru 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: 08/26/2019
	Date Received in OIRA: 07/23/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2022	36 Months From Approved	08/31/2019
Responses	803	0	974
Time Burden (Hours)	803	0	974
Cost Burden (Dollars)	43,362	0	44,668

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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 $35,000 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:
	84 FR 15224	04/25/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 34892	07/19/2019
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
Bid Guarantees, Performance, and Payments Bonds - FAR Sections Affected: 52-228-2
Bid Guarantees, Performance, and Payments Bonds - FAR Sections Affected: 52-228-13
Bid Guarantees, Performance, and Payments Bonds - FAR Sections Affected: 52-228-16	SF 275, SF 35, SF 1416, SF 1418	Annual Performance Bond ,   Reinsurance Agreement In Favor of the United States ,   Payment Bond For Other Than Construction Contracts ,   Performance Bond For Other Than Construction Contracts
Bid Guarantees, Performance, and Payments Bonds, and Alternative Payment Protection - FAR Sections Affected: 52.228-1, 52.228-2, 52.228-13 thru 52.228-16	SF 35, SF 275, Sf 1416, SF 24, SF 25, SF 25A, SF 25B, SF 34, SF 273, SF 274, Sf 1418	Bid Bond ,   Performance Bond ,   Payment Bond ,   Continuation Sheet (For Standard Forms 24, 25, and 25A) ,   Annual Bid Bond ,   Reinsurance Agreement for a Bond Statute Performance Bond ,   Reinsurance Agreement for a Bonds Statute Payment Bond ,   Annual Performance Bond ,   Reinsurance Agreement in Favor of the United States ,   Payment Bond for other than Construction Contracts ,   Performance Bond for other than Construction Contracts

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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	803	974	0	588	-759	0
Annual Time Burden (Hours)	803	974	0	588	-759	0
Annual Cost Burden (Dollars)	43,362	44,668	0	33,502	-34,808	0

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: The total annual burden decreased by 171 hours (from 974 hours to 803 hours) due to use of more current fiscal year data.

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Annual Cost to Federal Government: $10,840

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 07/23/2019

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