Bid Guarantees, Performance, Payments Bonds, and Alternative Payment Protection: FAR 52.228-1, 52.228-2, 52.228-13 thru 52.228-16; SF 24, 25, 25-A, 25-B, 34, 35, 273, 274, 275, 1414, 1415, 1416, 1418

Forms and Documents

Document Name	Status
Form SF 24 Bid Guarantees, Performance, Payments Bonds, and Alternative Payment Protection: FAR 52.228-1, 52.228-2, 52.228-13 thru 52.228-16; SF 24, 25, 25-A, 25-B, 34, 35, 273, 274, 275, 1414, 1415, 1416, 1418 Form and Instruction	Modified
9000-0045 Supporting Statement 7.05.2022.docx Supporting Statement A	2022-07-06

IC Document Collections

IC ID	Document Title	Status
36471	Bid Guarantees, Performance, Payments Bonds, and Alternative Payment Protection: FAR 52.228-1, 52.228-2, 52.228-13 thru 52.228-16; SF 24, 25, 25-A, 25-B, 34, 35, 273, 274, 275, 1414, 1415, 1416, 1418 Form and Instruction	Modified

ICR Details

OMB Control No: 9000-0045	ICR Reference No: 202207-9000-002
Status: Received in OIRA	Previous ICR Reference No: 201907-9000-002
Agency/Subagency: FAR	Agency Tracking No:
Title: Bid Guarantees, Performance, Payments Bonds, and Alternative Payment Protection: FAR 52.228-1, 52.228-2, 52.228-13 thru 52.228-16; SF 24, 25, 25-A, 25-B, 34, 35, 273, 274, 275, 1414, 1415, 1416, 1418
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/06/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	08/31/2022
Responses	6,279	803
Time Burden (Hours)	6,279	803
Cost Burden (Dollars)	370,461	43,362

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Abstract: 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 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).

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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:
	87 FR 25487	04/29/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 40243	07/06/2022
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, Payments Bonds, and Alternative Payment Protection: FAR 52.228-1, 52.228-2, 52.228-13 thru 52.228-16; SF 24, 25, 25-A, 25-B, 34, 35, 273, 274, 275, 1414, 1415, 1416, 1418	SF 35, SF 275, Sf 1416, SF 24, SF 25, SF 25A, SF 25B, SF 34, SF 273, SF 274, Sf 1418, SF 1415, SF 1414	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 ,   Consent of Surety ,   Consent of Surety and Increase of Penalty

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ICR Summary of Burden

	Total Request	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	6,279	803	0	5,476	0	0
Annual Time Burden (Hours)	6,279	803	0	5,476	0	0
Annual Cost Burden (Dollars)	370,461	43,362	0	327,099	0	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 increase in responses and the associated increase in burden hours is an adjustment due to the use of the most current data available and a reassessment of the assumptions for which the burden was calculated as follows: 1. FAR 52.228-1. The annual burden was previously calculated assuming that this clause is only required for construction contracts. However, a bid guarantee may be required for other than construction contracts. 2. FAR 52.228-2. The annual burden was previously calculated assuming that this clause applies only for construction contracts. However, this clause may be required for other than construction contracts. The annual burden was previously calculated based on a percentage of total number of actions. Instead, additional data from FPDS was gathered to further identify when a surety is required. 3. FAR 52.228-13. The annual burden was previously calculated using a limited number of PSC codes. This was revised to identify all construction contracts beginning with PSC codes Y and Z2. Additionally, the threshold was tailored to align with the clause. 4. FAR 52.228-15. The annual burden was previously combined with FAR 52.228-1. Instead, the annual burden for each clause was calculated separately. 5. FAR 52.228-16. The annual burden was previously calculated based on a percentage of total number of actions. Instead, additional data from FPDS was gathered to further identify when this clause is required.

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Annual Cost to Federal Government: $92,630

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? No

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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: 07/06/2022

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