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Submission for OMB Review; Certain Federal Acquisition Regulation Part 28 Requirements

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Federal Register notice 2026-20126, published 2026-10-01. Comments close 2026-11-02.

The Federal Register published Submission for OMB Review; Certain Federal Acquisition Regulation Part 28 Requirements on 2026-10-01. The document is a Notice from Management and Budget Office, Federal Procurement Policy Office, Defense Department, General Services Administration, and National Aeronautics and Space Administration, filed as 2026-20126 under OMB Control No. 9000-0001, Docket No. 2026-0166, and Sequence No. 1 and published at 91 FR 62517-62518.

Official summary

Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement regarding certain Federal Acquisition Regulation (FAR) part 28 requirements.

What the document says

Quoted verbatim from the document.

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

This clearance covers the information that offerors or contractors must submit to comply with the following 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).

- 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: 22,916. Total Annual Responses: 22,926. Total Burden Hours: 22,912.

D. Public Comment

A 60-day notice was published in the Federal Register at 91 FR 30306, on May 22, 2026. A comment was received; however, it did not change the estimate of the burden.

Comment: The respondent strongly supports extending the information collection, emphasizing that bid, performance, and payment bond information protects taxpayer funds, subcontractors, and suppliers on federal projects. They also support extending the requirement for individual sureties to submit Standard Form 28 to qualify as a surety. Response: The FAR Council appreciates the feedback received.

Janet Fry, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2026-20126 Filed 9-30-26; 8:45 am] BILLING CODE 6820-EP-P

Key details

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The full record is at FederalRegister.gov. The raw text is the version quoted above.

Sources

  1. 2026-20126, Submission for OMB Review; Certain Federal Acquisition Regulation Part 28 Requirements (Federal Register) — Notice, published 2026-10-01. (checked 2026-10-23)
  2. Raw text of 2026-20126 (Federal Register) — Full text used for the verbatim excerpt. (checked 2026-10-23)

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