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Federal Acquisition Regulation; Submission for OMB Review; Bid Guarantees, Performance and Payment Bonds, and Alternative Payment Protections

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Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).


Notice of request for comments regarding an extension to an existing OMB clearance (9000-0045).


Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning bid guarantees, performance and payment bonds, and alternative payment protections. The clearance currently expires on October 31, 2004.

Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.


Submit comments on or before January 3, 2005.


Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the General Services Administration, FAR Secretariat (VR), 1800 F Street, NW,

Room 4035, Washington, DC 20405. Please cite OMB Control No. 9000-0045, Bid, Performance, and Payment Bonds, in all correspondence.Start Further Info


Cecelia Davis, Contract Policy Division, GSA (202) 219-0202.

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A. Purpose

These regulations implement the statutory requirements of the Miller Act (40 U.S.C. 3131-3134), which requires performance and payment bonds for any construction contract exceeding $100,000, 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 note 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 $25,000 but do not exceed $100,000. Although not required by statute, under certain circumstances the FAR permits the Government to require bonds on other than construction contracts.

B. Annual Reporting Burden

Respondents: 11,304.

Responses Per Respondent: 5.

Total Responses: 56,520.

Hours Per Response: .42.

Total Burden Hours: 23,738.

Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, FAR Secretariat (VR), 1800 F Street, NW, Room 4035, Washington, DC 20405, telephone (202) 501-4755. Please cite OMB Control No. 9000-0045, Bid, Performance, and Payment Bonds, in all correspondence.

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Dated: November 24, 2004

Gerald Zaffos

Acting Director, Contract Policy Division.

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[FR Doc. 04-26437 Filed 11-30-04; 8:45 am]