80_FR_63687 80 FR 63485 - Federal Acquisition Regulation: Revision to Standard Forms for Bonds

80 FR 63485 - Federal Acquisition Regulation: Revision to Standard Forms for Bonds

GENERAL SERVICES ADMINISTRATION
DEPARTMENT OF DEFENSE
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 202 (October 20, 2015)

Page Range63485-63497
FR Document2015-26581

DoD, GSA, and NASA are proposing to revise Standard Forms prescribed by the Federal Acquisition Regulation (FAR) for contracts involving bonds and other financial protections. The revisions are aimed at clarifying liability limitations and expanding the options for organization types.

Federal Register, Volume 80 Issue 202 (Tuesday, October 20, 2015) 
[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Proposed Rules]
[Pages 63485-63497]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26581]


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GENERAL SERVICES ADMINISTRATION

DEPARTMENT OF DEFENSE

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 53

[FAR Case 2015-025; Docket No. 2015-0025; Sequence No. 1]
RIN 9000-AN11


Federal Acquisition Regulation: Revision to Standard Forms for 
Bonds

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

ACTION: Proposed rule.

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SUMMARY: DoD, GSA, and NASA are proposing to revise Standard Forms 
prescribed by the Federal Acquisition Regulation (FAR) for contracts 
involving bonds and other financial protections. The revisions are 
aimed at clarifying liability limitations and expanding the options for 
organization types.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat at one of the addresses shown below on or before 
December 21, 2015 to be considered in the formation of the final rule.

ADDRESSES: Submit comments in response to FAR Case 2015-025 by any of 
the following methods:

[[Page 63486]]

     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching for ``FAR Case 
2015-025''. Select the link ``Comment Now'' that corresponds with ``FAR 
Case 2015-025''. Follow the instructions provided on the screen. Please 
include your name, company name (if any), and ``FAR Case 2015-025'' on 
your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, 
Washington, DC 20405-0001.
    Instructions: Please submit comments only and cite FAR Case 2015-
025, Revision to Standard Forms for Bonds in all correspondence related 
to this case. Comments received generally will be posted without change 
to http://www.regulations.gov, including any personal and/or business 
confidential information provided. To confirm receipt of your 
comment(s), please check www.regulations.gov, approximately two to 
three days after submission to verify posting (except allow 30 days for 
posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: Ms. Kathlyn J. Hopkins, Procurement 
Analyst, at 202-969-7226 for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat Division at 202-501-4755. Please cite FAR Case 2015-025.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA are proposing to revise the FAR to clarify 
liability limitations and to expand the options for organization types 
on Standard Forms (SFs) 24, 25, 25A, 34, and 35. This case addresses 
concerns of surety bond producers that may be adversely affected by 
differing Federal Agency views on the proper type of organization to 
indicate on these Standard Forms when a business is a limited liability 
company (LLC), which is an increasingly prevalent form of business in 
the construction industry. In some cases, companies are being told to 
leave the ``Type of Organization'' block blank because there is no good 
fit; in other cases, they select the closest fit and are challenged on 
that selection. To address these concerns, this rule proposes to add a 
box labelled ``Other: (Specify)'' to the ``Type of Organization'' block 
on each of the five forms (SFs 24, 25, 25A, 34, and 35) in order to 
expand the range of business types to include LLCs and others, as they 
evolve.
    In addition, there have been questions about the appropriate value 
to report in the ``Liability Limit'' block on these standard forms 
(i.e., whether to cite the Surety Company's T-limit, as established by 
the Treasury Department, or the penalty limit for a given bond (its 
face value)); this has caused processing delays and even some 
rejections of bids. To address this concern, this rule proposes to add 
clarifying instructions to each of the forms (SFs 24, 25, 25A, 34, and 
35) that amplify the fact that the typical value put into the 
``Liability Limit'' block is the face value of the bond, unless a co-
surety arrangement is proposed. These instructions are inserted into 
item (4) of the SF 24 and into item (3) of SFs 25, 25A, 34, and 35, 
along with some editorial corrections to the existing instructions.

II. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

III. Regulatory Flexibility Act

    DoD, GSA, and NASA do not expect this proposed rule to have a 
significant economic impact on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act 5 U.S.C. 601, et 
seq., because the rule simply provides additional choices for offerors 
in characterizing their organization types on SFs 24, 25, 25A, 34, and 
35, as well as clarifying what offerors should specify in terms of 
liability limits. However, an initial regulatory flexibility analysis 
(IRFA) has been prepared consistent with 5 U.S.C. 603. The analysis is 
summarized as follows:

    The reason for this action is to provide more choices for 
organization types on five Standard Forms and to clarify 
instructions; the action's objective is to make the forms more 
reflective of current forms of business in the construction 
industry. The proposed rule would apply to all entities, both small 
and other than small, performing as contractors or subcontractors on 
U.S. Government contracts that require bonds and other financial 
protections. The Federal Procurement Data System-Next Generation 
(FPDS-NG) indicates that the U.S. Government awarded 3,495 new 
construction contracts that required bonds and other financial 
protections from October 1, 2014 through August 4, 2015. 
Approximately 78 percent (2,711) of the total awards (3,495) were 
awarded to small entities (comprised of 1,687 unique small 
entities). However, the small entities will not be materially 
affected by this rule, as it simply allows all businesses to choose 
from a broader array of organization types.
    There are no reporting or recordkeeping requirements associated 
with this rule.
    The rule does not duplicate, overlap, or conflict with any other 
Federal rules.
    There were no significant alternatives identified that would 
meet the objective of the rule.

    The Regulatory Secretariat has submitted a copy of the IRFA to the 
Chief Counsel for Advocacy of the Small Business Administration. A copy 
of the IRFA may be obtained from the Regulatory Secretariat. DoD, GSA, 
and NASA invite comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    DoD, GSA, and NASA will also consider comments from small entities 
concerning the existing regulations in subparts affected by the rule in 
accordance with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 610 (FAR Case 2015-025), 
in correspondence.

IV. Paperwork Reduction Act

    This rule affects the information collection requirements in the 
provisions at FAR 28.1 and 28.2; 52.228-1; 52.228-2; 52.228-13, 52.228-
15; and 52.228-16, currently approved under OMB Control Number 9000-
0045, titled: Bid Guarantees, Performance, and Payments Bonds, in 
accordance with the Paperwork Reduction Act (44 U.S.C. chapter 35). The 
impact, however, is negligible, because this rule simply provides 
additional choices for offerors in characterizing their organization 
types on SFs 24, 25, 25A, 34, and 35, as well as clarifying what 
offerors should specify in terms of liability limits.

List of Subjects in 48 CFR Part 53

    Government procurement.

William F. Clark,
Director, Office of Government-Wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-Wide Policy.

    Therefore, DoD, GSA, and NASA proposes to amend 48 CFR part 53 as 
set forth below:

[[Page 63487]]

PART 53--FORMS

0
1. The authority citation for 48 CFR part 53 continues to read as 
follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

0
2. Amend section 53.228 by revising the introductory text and 
paragraphs (a) through (g) to read as follows:


53.228  Bonds and insurance.

    The following standard forms are prescribed for use for bond and 
insurance requirements, as specified in part 28 of this chapter:
    (a) SF 24 (Rev. (Date)) Bid Bond. (See 28.106-1.) SF 24 is 
authorized for local reproduction and can be found in the GSA Forms 
Library at gsa.gov/forms.
    (b) SF 25 (Rev. (Date)) Performance Bond. (See 28.106-1(b).) SF 25 
is authorized for local reproduction and can be found in the GSA Forms 
Library at gsa.gov/forms.
    (c) SF 25-A (Rev. (Date)) Payment Bond. (See 28.106-1(c).) SF 25-A 
is authorized for local reproduction and can be found in the GSA Forms 
Library at gsa.gov/forms.
    (d) SF 25-B (Rev. 10/83), Continuation Sheet (For Standard Forms 
24, 25, and 25-A). (See 28.106-1(d).) This form can be found in the GSA 
Forms Library at gsa.gov/forms.
    (e) SF 28 (Rev. 6/03) Affidavit of Individual Surety. (See 28.106-
1(e) and 28.203(b).) SF 28 is authorized for local reproduction and can 
be found in the GSA Forms Library at gsa.gov/forms.
    (f) SF 34 (Rev. (Date)), Annual Bid Bond. (See 28.106-1(f).) SF 34 
is authorized for local reproduction and can be found in the GSA Forms 
Library at gsa.gov/forms.
    (g) SF 35 (Rev. (Date)), Annual Performance Bond. (See 28.106-1.) 
SF 35 is authorized for local reproduction and can be found in the GSA 
Forms Library at gsa.gov/forms.
* * * * *
0
3. Revise section 53.301-24 to read as follows:


53.301-24  Bid Bond.

BILLING CODE 6820-EP-P

[[Page 63488]]

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[[Page 63489]]


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[[Page 63490]]


0
4. Revise section 53.301-25 to read as follows:


53.301-25  Performance Bond.
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[[Page 63491]]


[GRAPHIC] [TIFF OMITTED] TP20OC15.003


[[Page 63492]]


0
5. Revise section 53.301-25A to read as follows:


53.301-25A  Payment Bond.
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[[Page 63493]]


[GRAPHIC] [TIFF OMITTED] TP20OC15.005


[[Page 63494]]


0
6. Revise section 53.301-34 to read as follows:


53.301-34  Annual Bid Bond.
[GRAPHIC] [TIFF OMITTED] TP20OC15.006


[[Page 63495]]


[GRAPHIC] [TIFF OMITTED] TP20OC15.007


[[Page 63496]]


0
7. Revise section 53.301-35 to read as follows:


53.301-35  Annual Performance Bond.
[GRAPHIC] [TIFF OMITTED] TP20OC15.008


[[Page 63497]]


[GRAPHIC] [TIFF OMITTED] TP20OC15.009

[FR Doc. 2015-26581 Filed 10-19-15; 8:45 am]
 BILLING CODE 6820-EP-C

Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules 63485 Incentive Program. It also consolidates Æ Priority Category Two: 1833(z)(3)(D)(ii)(I) of the Act to be aspects of the PQRS, VM, and EHR —Sub-Subsection 2 (Virtual Groups) considered an eligible APM (EAPM) Incentive Program into the new MIPS. —Sub-Subsection 8 (Development of entity? Additionally, section 101 of the MACRA Performance Standards) —What is the appropriate level of promotes the development of —Sub-Subsection 12 (Feedback Reports) financial risk ‘‘in excess of a nominal Alternative Payment Models (APMs) by Æ Priority Category Three: amount’’ under section providing incentive payments for —Sub-Subsection 7 (Other Measures) 1833(z)(3)(D)(ii)(I) of the Act to be certain eligible professionals (EPs) who —Sub-Subsection 9 (Flexibility in considered an EAPM entity? participate in APMs, by exempting EPs Weighting Performance Categories) —What criteria could be considered from the MIPS if they are qualifying —Sub-Subsection 10 (MIPS Composite when determining ‘‘comparability’’ to APM participants, and by encouraging Performance Score and Performance MIPS of quality measures used to the creation of physician-focused Threshold) identify an EAPM entity? Please payment models (PFPMs). In the request —Sub-Subsection 11 (Public Reporting) provide specific examples for for information, we seek public and • For Section II, Subsection B measures, measure types (for stakeholder input to inform the (Alternative Payment Models) of the example, structure, process, outcome, implementation of these provisions. October 1 RFI, the following questions and other types), data source for We have received inquiries from have been prioritized. measures (for example, patients/ national organizations regarding the 30- Æ Priority Category: caregivers, medical records, billing day comment period we provided for —How should CMS define ‘‘services claims, etc.), measure domains, the October 1 RFI. The organizations furnished under this part through an standards, and comparable stated that they need additional time to EAPM entity’’? methodology. respond as a result of the number and —What types of data and information Dated: October 14, 2015. depth of questions posed in the October can EPs submit to CMS for purposes Andrew M. Slavitt, 1 RFI. Since we requested the public to of determining whether they meet the Acting Administrator, Centers for Medicare comment on various aspects of MIPS non-Medicare share of the & Medicaid Services. and APMs, we believe that it is Combination All-Payer and Medicare [FR Doc. 2015–26568 Filed 10–15–15; 4:15 pm] important to allow ample time for the Payment Threshold, and how can BILLING CODE 4120–01–P public to prepare comments regarding they be securely shared with the the October 1 RFI. Therefore, we have federal government? decided to extend the comment period —What criteria could the Secretary for an additional 15 days. This consider for determining GENERAL SERVICES document announces the extension of comparability of state Medicaid ADMINISTRATION the public comment period to November medical home models to medical 17, 2015. DEPARTMENT OF DEFENSE home models expanded under section While we continue to welcome 1115A(c) of the Act? comments on all questions asked in the NATIONAL AERONAUTICS AND —Which states’ Medicaid medical home October 1 RFI, we suggest that the SPACE ADMINISTRATION models might meet criteria public and stakeholders may choose to comparable to medical homes focus their attention on issues that are 48 CFR Part 53 expanded under section 1115A(c) of a higher priority for CMS. To assist the Act? [FAR Case 2015–025; Docket No. 2015– commenters in considering and —How should CMS define ‘‘use’’ of 0025; Sequence No. 1] formulating their comments on the certified EHR technology as defined RIN 9000–AN11 October 1 RFI, we identify the following in section 1848(o)(4) of the Act by sections and questions, which we have participants in an APM? For example, Federal Acquisition Regulation: categorized in descending order of should the APM require participants Revision to Standard Forms for Bonds priority for CMS. to report quality measures to all • For Section II, Subsection A (The payers using certified EHR technology AGENCY: Department of Defense (DoD), Merit-Based Incentive Program System or only payers who require EHR General Services Administration (GSA), (MIPS)) of the request for information, reported measures? Should all and National Aeronautics and Space each component (sub-subsection) under professionals in the APM in which an Administration (NASA). Subsection A has been prioritized by the EAPM entity participates be required ACTION: Proposed rule. following categories, in which all to use certified EHR technology or a SUMMARY: DoD, GSA, and NASA are questions listed in the October 1 RFI particular subset? —What criteria should be used by the proposing to revise Standard Forms that are within each component Physician-focused Payment Model prescribed by the Federal Acquisition correspond to the specified priority Technical Advisory Committee for Regulation (FAR) for contracts involving category. Æ Priority Category One: assessing PFPM proposals submitted bonds and other financial protections. by stakeholders? We are interested in The revisions are aimed at clarifying —Sub-Subsection 1 (MIPS EP Identifier liability limitations and expanding the and Exclusions) hearing suggestions related to the criteria discussed in this RFI as well options for organization types. —Sub-Subsection 3 (Quality DATES: Interested parties should submit mstockstill on DSK4VPTVN1PROD with PROPOSALS Performance Category) as other criteria. —Sub-Subsection 4 (Resource Use —What are examples of methodologies written comments to the Regulatory Performance Category) for attributing and counting patients Secretariat at one of the addresses —Sub-Subsection 5 (Clinical Practice in lieu of using payments to shown below on or before December 21, Improvement Activities Performance determine whether an EP is a 2015 to be considered in the formation Category) qualifying APM participant (QP) or of the final rule. —Sub-Subsection 6 (Meaningful Use of partial QP? ADDRESSES: Submit comments in Certified EHR Technology —What is the appropriate type or types response to FAR Case 2015–025 by any Performance Category) of ‘‘financial risk’’ under section of the following methods: VerDate Sep<11>2014 16:59 Oct 19, 2015 Jkt 238001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM 20OCP1

63486 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules • Regulations.gov: http:// In addition, there have been questions contractors or subcontractors on U.S. www.regulations.gov. Submit comments about the appropriate value to report in Government contracts that require bonds and via the Federal eRulemaking portal by the ‘‘Liability Limit’’ block on these other financial protections. The Federal standard forms (i.e., whether to cite the Procurement Data System-Next Generation searching for ‘‘FAR Case 2015–025’’. (FPDS–NG) indicates that the U.S. Select the link ‘‘Comment Now’’ that Surety Company’s T-limit, as Government awarded 3,495 new construction corresponds with ‘‘FAR Case 2015– established by the Treasury Department, contracts that required bonds and other 025’’. Follow the instructions provided or the penalty limit for a given bond (its financial protections from October 1, 2014 on the screen. Please include your face value)); this has caused processing through August 4, 2015. Approximately 78 name, company name (if any), and delays and even some rejections of bids. percent (2,711) of the total awards (3,495) ‘‘FAR Case 2015–025’’ on your attached To address this concern, this rule were awarded to small entities (comprised of document. proposes to add clarifying instructions 1,687 unique small entities). However, the • Mail: General Services to each of the forms (SFs 24, 25, 25A, small entities will not be materially affected Administration, Regulatory Secretariat 34, and 35) that amplify the fact that the by this rule, as it simply allows all businesses to choose from a broader array of (MVCB), ATTN: Ms. Flowers, 1800 F typical value put into the ‘‘Liability organization types. Street NW., 2nd Floor, Washington, DC Limit’’ block is the face value of the There are no reporting or recordkeeping 20405–0001. bond, unless a co-surety arrangement is requirements associated with this rule. Instructions: Please submit comments proposed. These instructions are The rule does not duplicate, overlap, or only and cite FAR Case 2015–025, inserted into item (4) of the SF 24 and conflict with any other Federal rules. Revision to Standard Forms for Bonds into item (3) of SFs 25, 25A, 34, and 35, There were no significant alternatives in all correspondence related to this along with some editorial corrections to identified that would meet the objective of case. Comments received generally will the existing instructions. the rule. be posted without change to http:// The Regulatory Secretariat has II. Executive Orders 12866 and 13563 www.regulations.gov, including any submitted a copy of the IRFA to the personal and/or business confidential Executive Orders (E.O.s) 12866 and Chief Counsel for Advocacy of the Small information provided. To confirm 13563 direct agencies to assess all costs Business Administration. A copy of the receipt of your comment(s), please and benefits of available regulatory IRFA may be obtained from the check www.regulations.gov, alternatives and, if regulation is Regulatory Secretariat. DoD, GSA, and approximately two to three days after necessary, to select regulatory NASA invite comments from small submission to verify posting (except approaches that maximize net benefits business concerns and other interested allow 30 days for posting of comments (including potential economic, parties on the expected impact of this submitted by mail). environmental, public health and safety rule on small entities. FOR FURTHER INFORMATION CONTACT: Ms. effects, distributive impacts, and DoD, GSA, and NASA will also Kathlyn J. Hopkins, Procurement equity). E.O. 13563 emphasizes the consider comments from small entities Analyst, at 202–969–7226 for importance of quantifying both costs concerning the existing regulations in clarification of content. For information and benefits, of reducing costs, of subparts affected by the rule in pertaining to status or publication harmonizing rules, and of promoting accordance with 5 U.S.C. 610. Interested schedules, contact the Regulatory flexibility. This is not a significant parties must submit such comments Secretariat Division at 202–501–4755. regulatory action and, therefore, was not separately and should cite 5 U.S.C. 610 Please cite FAR Case 2015–025. subject to review under Section 6(b) of (FAR Case 2015–025), in E.O. 12866, Regulatory Planning and correspondence. SUPPLEMENTARY INFORMATION: Review, dated September 30, 1993. This I. Background rule is not a major rule under 5 U.S.C. IV. Paperwork Reduction Act DoD, GSA, and NASA are proposing 804. This rule affects the information to revise the FAR to clarify liability collection requirements in the III. Regulatory Flexibility Act limitations and to expand the options provisions at FAR 28.1 and 28.2; DoD, GSA, and NASA do not expect 52.228–1; 52.228–2; 52.228–13, 52.228– for organization types on Standard this proposed rule to have a significant Forms (SFs) 24, 25, 25A, 34, and 35. 15; and 52.228–16, currently approved economic impact on a substantial under OMB Control Number 9000–0045, This case addresses concerns of surety number of small entities within the bond producers that may be adversely titled: Bid Guarantees, Performance, and meaning of the Regulatory Flexibility Payments Bonds, in accordance with the affected by differing Federal Agency Act 5 U.S.C. 601, et seq., because the views on the proper type of organization Paperwork Reduction Act (44 U.S.C. rule simply provides additional choices chapter 35). The impact, however, is to indicate on these Standard Forms for offerors in characterizing their when a business is a limited liability negligible, because this rule simply organization types on SFs 24, 25, 25A, provides additional choices for offerors company (LLC), which is an 34, and 35, as well as clarifying what increasingly prevalent form of business in characterizing their organization offerors should specify in terms of types on SFs 24, 25, 25A, 34, and 35, as in the construction industry. In some liability limits. However, an initial cases, companies are being told to leave well as clarifying what offerors should regulatory flexibility analysis (IRFA) has specify in terms of liability limits. the ‘‘Type of Organization’’ block blank been prepared consistent with 5 U.S.C. because there is no good fit; in other 603. The analysis is summarized as List of Subjects in 48 CFR Part 53 cases, they select the closest fit and are mstockstill on DSK4VPTVN1PROD with PROPOSALS follows: Government procurement. challenged on that selection. To address these concerns, this rule proposes to The reason for this action is to provide William F. Clark, add a box labelled ‘‘Other: (Specify)’’ to more choices for organization types on five Director, Office of Government-Wide Standard Forms and to clarify instructions; Acquisition Policy, Office of Acquisition the ‘‘Type of Organization’’ block on the action’s objective is to make the forms each of the five forms (SFs 24, 25, 25A, Policy, Office of Government-Wide Policy. more reflective of current forms of business 34, and 35) in order to expand the range in the construction industry. The proposed Therefore, DoD, GSA, and NASA of business types to include LLCs and rule would apply to all entities, both small proposes to amend 48 CFR part 53 as set others, as they evolve. and other than small, performing as forth below: VerDate Sep<11>2014 16:59 Oct 19, 2015 Jkt 238001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM 20OCP1

Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules 63487 PART 53—FORMS (b) SF 25 (Rev. (Date)) Performance reproduction and can be found in the Bond. (See 28.106–1(b).) SF 25 is GSA Forms Library at gsa.gov/forms. ■ 1. The authority citation for 48 CFR authorized for local reproduction and (f) SF 34 (Rev. (Date)), Annual Bid part 53 continues to read as follows: can be found in the GSA Forms Library Bond. (See 28.106–1(f).) SF 34 is Authority: 40 U.S.C. 121(c); 10 U.S.C. at gsa.gov/forms. authorized for local reproduction and chapter 137; and 51 U.S.C. 20113. (c) SF 25–A (Rev. (Date)) Payment can be found in the GSA Forms Library ■ 2. Amend section 53.228 by revising Bond. (See 28.106–1(c).) SF 25–A is at gsa.gov/forms. the introductory text and paragraphs (a) authorized for local reproduction and (g) SF 35 (Rev. (Date)), Annual through (g) to read as follows: can be found in the GSA Forms Library Performance Bond. (See 28.106–1.) SF at gsa.gov/forms. 35 is authorized for local reproduction 53.228 Bonds and insurance. The following standard forms are (d) SF 25–B (Rev. 10/83), and can be found in the GSA Forms prescribed for use for bond and Continuation Sheet (For Standard Forms Library at gsa.gov/forms. insurance requirements, as specified in 24, 25, and 25–A). (See 28.106–1(d).) * * * * * part 28 of this chapter: This form can be found in the GSA ■ 3. Revise section 53.301–24 to read as (a) SF 24 (Rev. (Date)) Bid Bond. (See Forms Library at gsa.gov/forms. follows: 28.106–1.) SF 24 is authorized for local (e) SF 28 (Rev. 6/03) Affidavit of reproduction and can be found in the Individual Surety. (See 28.106–1(e) and 53.301–24 Bid Bond. GSA Forms Library at gsa.gov/forms. 28.203(b).) SF 28 is authorized for local BILLING CODE 6820–EP–P mstockstill on DSK4VPTVN1PROD with PROPOSALS VerDate Sep<11>2014 16:59 Oct 19, 2015 Jkt 238001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM 20OCP1

DATE BOND EAECUTED {Must not be laterthan bid opering BID BOND ldate) OMB Control Number: $000—0045 {See instructions on reverse) Expiration Date: DATE Fapernork Reduzion Act Statemant . This nformabion sollection moasls the requremants af 44 USC $ 3507, as amendod by seetion of ts Paparnork Reduction Act of 1985. You do nat need to answer these questions unless we display a valld Office of Management and Budg&i -:mm control number..‘ The :;*ME& mmml number for m Mmmr&is 9000—0045. We ostimate that it will toke 25. minutas to read meinstructions, gathor the facts, and answer the Eand only ralating to our time: suggestions for reducing this burden, or any other aspects: of thi ion of i fon to: General Siry) it i it Division (MTVICE}, 1800 F Stroot, NW, Washington, DC 20405 PRINGCIPAL fLegat name and business address) TYPE OF ORGANZATION (*X" one) (ImbwibuaL \rantwersnie [lowtventurs QTATE OF INCORPDORATION SURETY(IES) (Nome and busingss address) INVITATION NUMBER Of 6D MILLIONCG) thousahO;5) PRICE We, the Principal and Surety(ies) are fimfly bound to the United States ofAmerics (hersinafter called the Government) in the above panal sum. For payment of the penal sum, we bind our heirs, and jointly and , where the Sureties are corporations acting as co—sureties, we. the Sureties, bind cursebies in such sum "jointly and mm]hj’ 55 well as "severallyonly for the ;}urpo;e of allowing a joint sction or actions against any or all of us, For alother purposes, each Surety binds Rsalf jointly and ith th . for the of the sum ito the name of the Surety.. If no limit of lablity is indieated, the Iimit of fabilty is the full armount of the penal sum. CONDITIONS: The Principal has submitted the bid identified above. THEREFORE: The above ion is vold if the Principal {a) upon by the of the bid i i above, within the period specified therein for acceptance:{sidy (60) days if no period i ifiad) the further i the bond{s) required by the terms of the hid as accepted within the time specified (ten (10) days if no period is specified) after receipt ofthe forms by the principal; or (b) in the event of failure to execute such further contractual documents and give such bonds, paysthe Covement for any.cost of procuring the work which exceeds the amount of the bid. Each Surety executing this instrument agrees that its obligation i impaired by any i the time for of the bid that the Princi y grant to th Notice to the suretyfas) af extension(s) is waived. Mowever, waiver of the notice spples only to i ing not than sixty (80) days in addition to the period originally allowed for acceptance of the bid. WITNESS: The Principal and Surety(tes) executed this bid bond and afficed their seats on the above date: PRINCIPAL 1 2. 3 SIGNATURE(S) {Seal) (Seal) {Seal) Corporate NAME(S) & 1. 2. 3. Seal TTLE® (Typed) INDIMDUAL sUuRETYIES) 1. 2. SIGNATURE(S) (Seal) (Seal) NAMECS) 1. 2. (Typech CORPORATE SURETY(IES) NAME & STATE OF INCORPORATION]UARILITY LIMIT (8) «| ADDRESS E sicnature®| * 2. Corporate & Seal 7 |NaMeEiS) & |1. 2. TITLES) (Typed) AUTHORIEED FOR LOGAL REPRODUCTION « Provious edition is NOT usable Prescribed by GSA — FAR (48 CFR) 52.228(a)

Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules 63489 INSTRUCTIONS mstockstill on DSK4VPTVN1PROD with PROPOSALS EP20OC15.001</GPH> VerDate Sep<11>2014 16:59 Oct 19, 2015 Jkt 238001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4725 E:\FR\FM\20OCP1.SGM 20OCP1

1—25 to read as PERFORMANCE BOND [DATE ROND EXECUTED {Must be same or ater thar €al6 0 |omp nontroj Number: —9000—0045 {See instructions on reverse) Expiration Date: DATE R ion Act St = This i i ion meets the i of 44 USC § 3507, as amended by section 2 ofthe Paperwork Reduction Act of tSQ& You do not need to answer these questions unless we dmfiay a valvd Office of Management and Budget {C}HE&) ;;ontrdnumber. The OMB tmtrol number for this cd}er:irmis $000—0045,. We estimate that it will take 60 minutes to read the i gather facts, and answer th e tating to our time suggestions for reducing this burden, or any—other aspects of this collaction of information to; «Qeneral Services Administration, Regulatory Secretariat Division M 1V1CB), 1800 F Street, NWWashington, DC 20405 PRINGIPAL (Lagal name and business address} TYPE OF ORGANIZATION {"x" ane) | |PARTNERSHIP QJG(NT VENTURE Jcorporation [ |OTHER fSpecity STATE OF INCORPORATION SURETY(IES) (Neme(s) and business addreas(es)) PENAL SUM OF BOND MHLLIONCS) l THOUSANDLS HUNDRED(S) I CENTS CONTRAGT DATE CONTRACT NUMBER OBLI@GATION: We, the Principal and Suretyfies}, are firmly bound to the United St f i inalter caled the it) in th penal sum.. For payment of the penal sim, we bind burselvas, our hairs, axecutors, administrators, and successors, Jointly and severaly. Howaver, whare the Surelies are corporations acting as co—sursties, wa, the Surstes; bind ourselvas in such sim "Jointly and severally" as well as "severally* only for the purpose of allowing a Joint action or actions against any or all of us. For all other purposes, each Suraty binds Itself, jointly and with the for the of the sur shown opposite the name of the Surety: M no limit of Babilly is indicated, the limit of liabiity is the fult amount of the perredsum. CONDITIONS: The Principal has entered Into the contract Identiied above. THEREFORE: The above obligation is vold if the Prindpal« {a){1} Perfoims and fulllls all the understanding, covenaints, terms, conditions, and agreemants of the contract during the original term ofthe contract and any axtensions thereof that are granted by the Government, with or without notice ofthe Surety(ies) and during the hife of any quaranty required under the:contract, and (2) Performs and fulfilis all the undertakings, covenants, terms, conditions, and agraemants of any and all duly authorized modifications of the contract that hereaftar are made. Notlte of those modifications to the Surety(ies).are waived, (b).— Paysto the Government the full amount of thetaxes imposed by the Government, if the said contract s subject to 41 USC Chapter 31, Subchapter II}, Bonds, which are—collected, deducted, or withheld from wages pald by the Principal in carrying out the construction contract with respect to which this bond is furnished. wituess: The Principal and S i ted this pork bond and afficed thak seals on the above date PRINCIPAL 1 2. 3 SIGNATURE(S) {Seal) {Sealy {Sealy 7 3 3 Corporate NAME(S) & Seal TTLENS) {Typed) INDIVIDUAL SURETY{(IES) 1 2 sighaTURE(S) (Seah {Seal) HAMENS 1 2. (Typed) CORPORATE SURET(IES) Kave & STATE OF INCORPORATION LIABILITY LIMIT ($) 2 AporEss w 11. 2. Corporate 7| SGNATURES) Seal 2| Nameme |1 2. TITLE(G) (Typedi mmmnmmenenmnennmmmemennndecemmenmmenmmmmmmmemmemmen AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 25 (REV. DATE) Previous adition is NOT usable Prescribed by GSA—FAR(48.CFR) 53.228(b)

Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules 63491 INSTRUCTIONS mstockstill on DSK4VPTVN1PROD with PROPOSALS EP20OC15.003</GPH> VerDate Sep<11>2014 16:59 Oct 19, 2015 Jkt 238001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4725 E:\FR\FM\20OCP1.SGM 20OCP1

63492 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules ■ 5. Revise section 53.301–25A to read 53.301–25A Payment Bond. as follows: PRINCIPAL mstockstill on DSK4VPTVN1PROD with PROPOSALS EP20OC15.004</GPH> VerDate Sep<11>2014 16:59 Oct 19, 2015 Jkt 238001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4725 E:\FR\FM\20OCP1.SGM 20OCP1

Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules 63493 CORPORATE SURETY(IESJ (Comtnued} INSTRUCTIONS mstockstill on DSK4VPTVN1PROD with PROPOSALS EP20OC15.005</GPH> VerDate Sep<11>2014 16:59 Oct 19, 2015 Jkt 238001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4725 E:\FR\FM\20OCP1.SGM 20OCP1

63494 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules ■ 6. Revise section 53.301–34 to read as 53.301–34 Annual Bid Bond. follows: September 30, 20 mstockstill on DSK4VPTVN1PROD with PROPOSALS EP20OC15.006</GPH> VerDate Sep<11>2014 16:59 Oct 19, 2015 Jkt 238001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4725 E:\FR\FM\20OCP1.SGM 20OCP1

Federal Register/Vol. 80, No. 202 /Tuesday, October 20, 2015 /Proposed Rules 63495 INSTRUCTIONS 1. This form is authorized for use in the—acquisition of supplies and— services, excluding construction, in lieu of Standard Form 24 (Bid Bond). Any—deviation from this form will require the wriften approval of the Administrator of General Services. 2. Insert the full legal name and business address of the Principal in the space designated "Principal" on the face of the form. An authorized person shall sign the bond. Any person signing in<a representative capacity (e.g., an attorney—in—fact) must furnish evidence of authority if that representative is not a member of the firm, partnership, orjoint venture, or an officer of the corporation involved. 3. (a) Corporations executing the bond as sureties must appear on the Department of the Treasury‘s list of approved sureties and must act within the limitations listed therein. The value put into the LIABILITY LIMIT block is the penal sum (e., the face value) of the bond, unless a co—surety arrangement is proposed. (b) Where multiple corporate sureties are involved, their names and addresses shall— appear in the spaces (Surety 1, Surety 2, etc.) headed "CORPORATE SURETY." in the space designated "SURETY(IES)Yon the face of the form, insert only the numeric identifier corresponding to each of the sureties. Moreover, when co—surety arrangements—exist, the parties may allocate their respective limitations of liability under the bonds, provided that the sum of their total lfability equals 100% of the bond penal sum. (c) When individual sureties are involved, a completed Affidavit of Individual Surety (Standard Form 28) for each individual surety shall accompany the bond. The Government may require the surety to furnish additional substantiating information concerning its financial capability. 4. Corporations executing the bond shall affix their corporate seals. Individuals shallexecute the bond opposite the word "Corporate Seal", and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals. 5. Type the name and titleof each person signing this bond in the space provided. 6. In its application to negotiated contracts, the terms "bid" and "bidder" shall include "proposal" and "offeror." STANDARD FORM 34 (REV: DATE) BACK

63496 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules ■ 7. Revise section 53.301–35 to read as 53.301–35 Annual Performance Bond. follows: OBLIGATION: mstockstill on DSK4VPTVN1PROD with PROPOSALS EP20OC15.008</GPH> VerDate Sep<11>2014 16:59 Oct 19, 2015 Jkt 238001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4725 E:\FR\FM\20OCP1.SGM 20OCP1

Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules 63497 INSTRUCTIONS In STANDARD FORM 35 BACK mstockstill on DSK4VPTVN1PROD with PROPOSALS [FR Doc. 2015–26581 Filed 10–19–15; 8:45 am] BILLING CODE 6820–EP–C EP20OC15.009</GPH> VerDate Sep<11>2014 16:59 Oct 19, 2015 Jkt 238001 PO 00000 Frm 00025 Fmt 4702 Sfmt 9990 E:\FR\FM\20OCP1.SGM 20OCP1


Document Created: 2015-12-14 15:25:23
Document Modified: 2015-12-14 15:25:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesInterested parties should submit written comments to the
ContactMs. Kathlyn J. Hopkins, Procurement Analyst, at 202-969-7226 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite FAR Case 2015-025.
FR Citation80 FR 63485 
RIN Number9000-AN11
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