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
Revision of a currently approved collection
No
Regular
Approved without change
01/09/2024
11/28/2023
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
01/31/2027
36 Months From Approved
03/31/2024
14,269
0
20
14,255
0
6
955,085
0
342
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.
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:
â 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).
â 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.
â 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.
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:
(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;
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.
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