Notice2023-20272
Information Collection; Certain Federal Acquisition Regulation Part 28 Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 19, 2023
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
In accordance with the Paperwork Reduction Act of 1995, and the Office of Management and Budget (OMB) regulations, DoD, GSA, and NASA invite the public to comment on a revision concerning certain Federal Acquisition Regulation (FAR) part 28 requirements. DoD, GSA, and NASA invite comments on: whether the proposed collection of information is necessary for the proper performance of the functions of Federal Government acquisitions, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. OMB has approved this information collection for use through March 31, 2024. DoD, GSA, and NASA propose that OMB extend its approval for use for three additional years beyond the current expiration date.
Full Text
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<title>Federal Register, Volume 88 Issue 180 (Tuesday, September 19, 2023)</title>
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[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Notices]
[Pages 64433-64434]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20272]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0001; Docket No. 2023-0053; Sequence No. 10]
Information Collection; Certain Federal Acquisition Regulation
Part 28 Requirements
AGENCY: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Notice and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, and
the Office of Management and Budget (OMB) regulations, DoD, GSA, and
NASA invite the public to comment on a revision concerning certain
Federal Acquisition Regulation (FAR) part 28 requirements. DoD, GSA,
and NASA invite comments on: whether the proposed collection of
information is necessary for the proper performance of the functions of
Federal Government acquisitions, including whether the information will
have practical utility; the accuracy of the estimate of the burden of
the proposed information collection; ways to enhance the quality,
utility, and clarity of the information to be collected; and ways to
minimize the burden of the information collection on respondents,
including the use of automated collection techniques or other forms of
information technology. OMB has approved this information collection
for use through March 31, 2024. DoD, GSA, and NASA propose that OMB
extend its approval for use for three additional years beyond the
current expiration date.
DATES: DoD, GSA, and NASA will consider all comments received by
November 20, 2023.
ADDRESSES: DoD, GSA, and NASA invite interested persons to submit
comments on this collection through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
follow the instructions on the site. This website provides the ability
to type short comments directly into the comment field or attach a file
for lengthier comments. If there are difficulties submitting comments,
contact the GSA Regulatory Secretariat Division at 202-501-4755 or
<a href="/cdn-cgi/l/email-protection#d790849685b2b084b2b497b0a4b6f9b0b8a1"><span class="__cf_email__" data-cfemail="195e4a584b7c7e4a7c7a597e6a78377e766f">[email protected]</span></a>.
Instructions: All items submitted must cite OMB Control No. 9000-
0001, Certain Federal Acquisition Regulation Part 28 Requirements.
Comments received generally will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal and/or business
confidential information provided. To confirm receipt of your
comment(s), please check <a href="http://www.regulations.gov">www.regulations.gov</a>, approximately two-to-
three days after submission to verify posting.
FOR FURTHER INFORMATION CONTACT: Zenaida Delgado, Procurement Analyst,
at telephone 202-969-7207, or <a href="/cdn-cgi/l/email-protection#a3d9c6cdc2cac7c28dc7c6cfc4c2c7cce3c4d0c28dc4ccd5"><span class="__cf_email__" data-cfemail="7b011e151a121f1a551f1e171c1a1f143b1c081a551c140d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and Any Associated Form(s)
OMB Control No. 9000-0001, Certain Federal Acquisition Regulation
Part 28 Requirements, Standard Forms (SF) 24, 25, 25-A, 25-B, 28, 34,
35, 273, 274, 275, 1414, 1415, 1416, and 1418
B. Need and Uses
DoD, GSA, and NASA are combining OMB Control Nos. by FAR part. This
consolidation is expected to improve industry's ability to easily and
efficiently identify burdens associated with a given FAR part. The
review of the information collections by FAR part allows improved
oversight to ensure there is no redundant or unaccounted for burden
placed on industry. Lastly, combining information collections in a
given FAR part is also expected to reduce the administrative burden
associated with processing multiple information collections.
This justification supports the extension of OMB Control No. 9000-
0001 and combines it with the previously approved information
collections under OMB Control No. 9000-0045, with the new title
``Certain Federal Acquisition Regulation Part 28 Requirements''. Upon
approval of this consolidated information collection, OMB Control No.
9000-0045 will be discontinued. The burden requirements previously
approved under the discontinued number will be covered under OMB
Control No. 9000-0001.
This clearance covers the information that offerors or contractors
must submit to comply with the following FAR requirements:
<bullet> 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).
<bullet> 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).
<bullet> 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.
<bullet> 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.
<bullet> 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).
<bullet> 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).
[[Page 64434]]
<bullet> 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.
The Government retains the bid guarantees, bonds, or alternative
payment protections until the contractor's obligation is fulfilled. The
contracting officer uses the information on the SF 28 to determine the
acceptability of individuals proposed as sureties.
C. Annual Burden
Respondents: 14,259.
Total Annual Responses: 14,269.
Total Burden Hours: 14,255.
Obtaining Copies: Requesters may obtain a copy of the information
collection documents from the GSA Regulatory Secretariat Division, by
calling 202-501-4755 or emailing <a href="/cdn-cgi/l/email-protection#32756173605755615751725541531c555d44"><span class="__cf_email__" data-cfemail="87c0d4c6d5e2e0d4e2e4c7e0f4e6a9e0e8f1">[email protected]</span></a>. Please cite OMB
Control No. 9000-0001, Certain Federal Acquisition Regulation Part 28
Requirements.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide
Acquisition Policy, Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2023-20272 Filed 9-18-23; 8:45 am]
BILLING CODE 6820-EP-P
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