Certain Federal Acquisition Regulation Part 28 Requirements (SF 24, 25, 25-A, 25-B, 28, 34, 35, 273, 274, 275, 14 - 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 Certain Federal Acquisition Regulation Part 28 Requirements (SF 24, 25, 25-A, 25-B, 34, 35, 273, 274, 275, 14 - FAR Sections Affected: 52.228-1, 52.228-2, 52.228-13 thru 52.228-16 Form and Instruction	Modified
Form SF 28 SF-28 Form and Instruction	New
9000-0001 PRA Supporting Statement Part A 11.21.2023.docx Supporting Statement A	2023-11-28

IC Document Collections

IC ID	Document Title	Status
36373	Certain Federal Acquisition Regulation Part 28 Requirements (SF 24, 25, 25-A, 25-B, 34, 35, 273, 274, 275, 14 - FAR Sections Affected: 52.228-1, 52.228-2, 52.228-13 thru 52.228-16 Form and Instruction	Modified
263701	SF-28 Form and Instruction	New

ICR Details

OMB Control No: 9000-0001	ICR Reference No: 202311-9000-003
Status: Received in OIRA	Previous ICR Reference No: 202101-9000-005
Agency/Subagency: FAR	Agency Tracking No:
Title: Certain Federal Acquisition Regulation Part 28 Requirements (SF 24, 25, 25-A, 25-B, 28, 34, 35, 273, 274, 275, 14 - 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	Date Submitted to OIRA: 11/28/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	03/31/2024
Responses	14,269	20
Time Burden (Hours)	14,255	6
Cost Burden (Dollars)	955,085	342

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Abstract: This clearance covers the information that offerors or contractors must submit to comply with the following FAR requirements: a. 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). b. 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). c. 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. d. 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. e. 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). f. 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). g. Standard Form (SF) 28, Affidavit of Individual Surety. This form is used by all executive agencies, including DoD, to obtain information from individuals wishing to serve as sureties to Government bonds. Offerors and contractors may use an individual surety as security for bonds required under a solicitation or contract for supplies or services (including construction). It is an elective decision on the part of the offeror or contractor to use individual sureties instead of other available sources of surety or sureties for Government bonds.

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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:
	88 FR 64433	09/19/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 83130	11/28/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Certain Federal Acquisition Regulation Part 28 Requirements (SF 24, 25, 25-A, 25-B, 34, 35, 273, 274, 275, 14 - FAR Sections Affected: 52.228-1, 52.228-2, 52.228-13 thru 52.228-16	SF 24, SF 25, SF 25-A, SF 25-B, SF 34, SF 35, SF 273, SF 274, SF 275, SF 1414, SF 1415, SF 1418, SF 1416	Bid Bond ,   Performance Bond ,   Payment Bond ,   Continuation Sheet for Standard Forms 24, 25 and 25A ,   Annual Bid Bond ,   Annual Performance Bond ,   Reinsurance Agreement for a Bonds Statute Performance Bond ,   Reinsurance Agreement for a Bonds Statute Payment Bond ,   Reinsurance Agreement in Favor of the United States ,   Consent of Surety ,   Consent of Surety and Increase of Penalty ,   Payment Bond for Other than Construction Contracts ,   Performance Bond for Other than Construction Contracts
SF-28	SF 28	Affidavit of Individual Surety

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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	14,269	20	0	14,249	0	0
Annual Time Burden (Hours)	14,255	6	0	14,249	0	0
Annual Cost Burden (Dollars)	955,085	342	0	954,743	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: This extension of OMB Control No. 9000-0001 is combined with the previously approved information collection under OMB Control No. 9000-0045. Upon approval of this consolidated information collection, OMB Control No. 9000-0045 will be discontinued because the burden has been accounted for in this extension. This extension includes adjustments to the public and Government burden estimates based on the following: ○ The estimated number of respondents and responses per year are based on averages of historical FPDS data for the three most recent fiscal years (2020 through 2022). ○ The estimated cost per hour is based on use of the calendar year 2023 OPM GS wage rate for the rest of the United States. ○ The burden estimate for the SF 28 uses FPDS data instead of data from the Electronic Document Access system (DoD official contract file system). This is a better measure because it is consistent with the FAR form prescription and the estimates for the other information collection requirements covered under this OMB control number.

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Annual Cost to Federal Government: $240,010

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: 11/28/2023

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