Submission for OMB Review; Affidavit of Individual Surety, Standard Form 28, 68249-68250 [2014-26936]

Download as PDF Federal Register / Vol. 79, No. 220 / Friday, November 14, 2014 / Notices practices for how Federal agencies collect, maintain, use, and disseminate personal information. Consistent with provisions of the Privacy Act of 1974, contractors that design, develop, maintain, or operate a system of records on individuals; require access to a system of records; or handle personally identifiable information, are required to be properly trained on the compliance requirements, applicable laws, and appropriate safeguards for the security and confidentiality of personally identifiable information. The training documentation shall be maintained by contractors and provided to the Government upon request. It is anticipated that the Government would request documentation only rarely. mstockstill on DSK4VPTVN1PROD with NOTICES B. Analysis of Public Comments Two respondents submitted public comments on the estimated annual burden. Analysis of the public comments for the proposed rule on areas other than the estimated annual burden will be addressed with the issuance of the final rule. The analysis of public comments on the estimated annual burden is summarized as follows: Comments: Two respondents stated that the public’s Paperwork Reduction Act estimated annual reporting burden was understated. Response: The Paperwork Reduction Act, 44 U.S.C. chapter 35, addresses the Government’s collection of information and the public’s burden associated with any reporting or recordkeeping requirements of the information. The reporting burden will be minimal. Contractors will have to provide training documentation only rarely, i.e., when there is an indication of noncompliance with the privacy training requirements and it is necessary to review documentation in order for the Government to ensure effective contractor management and oversight. The recordkeeping requirements are minor, and are not subject to specific formatting or template requirements. Contractors will have to maintain evidence of completed privacy training. Notwithstanding the minimum reporting and recordkeeping requirements, the estimated annual burden is increased. C. Annual Reporting Burden DoD, GSA, and NASA have increased the estimated annual burden from what was published in the Federal Register at 76 FR 63896, on October 14, 2011, as part of a proposed rule under FAR Case 2010–013, Privacy Training. The increase in the total burden is attributed to the clarification that the reporting VerDate Sep<11>2014 17:37 Nov 13, 2014 Jkt 235001 requirement is applicable to commercial-item contracts. DoD, GSA, and NASA decided that exempting commercial-item contracts and subcontracts would exclude a significant portion of Government contracts that involve the design, development, operation, or maintenance of a system of records on individuals and would therefore diminish the effectiveness of the rule. Therefore, DoD, GSA, and NASA estimate the annual burden associated with this information collection as follows: Respondents: 21,025. Responses per Respondent: 5. Total Annual Responses: 105,125. Hours per Response: .25. Total Burden Hours: 26,281. Obtaining Copies Of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat (MVCB), 1800 F Street NW., Washington, DC 20405, telephone 202–501–4755. Please cite OMB Control No. 9000–0182, Privacy Training, in all correspondence. Dated: November 7, 2014. Edward Loeb, Acting Director, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2014–26938 Filed 11–13–14; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0001; Docket No. 2014–0055; Sequence No. 18] Submission for OMB Review; Affidavit of Individual Surety, Standard Form 28 Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for public comments regarding an extension to an existing OMB clearance. AGENCY: Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Regulatory Secretariat Division (MVCB) 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 Standard Form (SF) 28, Affidavit of Individual Surety. SUMMARY: PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 68249 A notice was published in the Federal Register at 79 FR 43050 on July 24, 2014. Two comments were received. DATES: Submit comments on or before December 15, 2014. ADDRESSES: Submit comments identified by Information Collection 9000–0001 by any of the following methods: • Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB control number 9000–0001. Select the link ‘‘Comment Now’’ that corresponds with ‘‘Information Collection 9000–0001, SF 28, Affidavit of Individual Surety’’. Follow the instructions provided on the screen. Please include your name, company name (if any), and ‘‘Information Collection 9000–0001 SF 28, Affidavit of Individual Surety’’ on your attached document. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Flowers/IC 9000–0001, SF 28, Affidavit of Individual Surety. Instructions: Please submit comments only and cite Information Collection 9000–0001, in all correspondence related to this collection. All comments received will be posted without change to https://www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement Analyst, Acquisition Policy Division, GSA, 202– 219–0202 or email Cecelia.davis@ gsa.gov. SUPPLEMENTARY INFORMATION: A. Purpose The Affidavit of Individual Surety SF 28 is used by all executive agencies, including the Department of Defense, to obtain information from individuals wishing to serve as sureties to Government bonds. To qualify as a surety on a Government bond, the individual must show a net worth not less than the penal amount of the bond on the SF 28. It is an elective decision on the part of the maker to use individual sureties instead of other available sources of surety or sureties for Government bonds. We are not aware if other formats exist for the collection of this information. The information on SF 28 is used to assist the contracting officer in determining the acceptability of individuals proposed as sureties. E:\FR\FM\14NON1.SGM 14NON1 68250 Federal Register / Vol. 79, No. 220 / Friday, November 14, 2014 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES B. Discussion and Analysis The analysis of the public comment is summarized as follows: Both commenters support the extension of this information collection. In addition to supporting the extension, both commenters suggested some revisions/enhancements to the current Standard Form 28. Comments: One commenter stated that SF 28 does not achieve its intended purpose in assisting contracting officers in determining whether individuals proposed as sureties are financially sound with the resources to support the obligations pledged for a Federal construction contract. The commenter states that the SF 28 has not prevented individual sureties from pledging the same assets for multiple bonds and recommends that the SF 28 be enhanced to ensure that the assets pledged to the Federal government can be accessed if needed. The Federal government should require any assets pledge other than real estate be placed in escrow only in a Federal insured financial institution and that a copy of the escrow agreement be filed with the SF 28 that shows the Federal government would have unrestricted access if needed. In addition, SF 28 should include questions relating to the criminal background, debarments and cease and desist orders from the state insurance departments. The SF 28 should also specify documentation to demonstrate the value of the assets, verify that it has been pledged to the United States and is free of tax liens or other encumbrances. The other commenter acknowledges that changes have been made in the past to strengthen the form but points out that the current SF 28 would benefit from greater specificity on the information required of individual sureties relating to the pledging of assets, especially information relating to assets other than real estate. Also, additional information should be provided on the SF 28 to assist contracting officers in their efforts to select an acceptable individual surety (such as disclosure of Federal tax liens against the individual surety and disclosure of personal insolvency proceedings). Response: As in the past, these suggestions will be taken into consideration and if deemed warranted a FAR case will be opened to revise the standard form. At that time, the estimated total annual public hour and cost burden will be adjusted if necessary. VerDate Sep<11>2014 17:37 Nov 13, 2014 Jkt 235001 C. Annual Reporting Burden Based on a comprehensive reassessment performed, this information collection resulted in no change in the total burden hours from the previous information collection that was published in the Federal Register at 76 FR 60050 on September 28, 2011. The previous assessment performed resulted in a change to the ‘‘Response per Respondent’’ and ‘‘Hours per Response’’ categories. The 1.43, responses per respondent, was lowered to 1. to adequately reflect this category. A respondent has to respond completely not partially when submitting this form. The ‘‘Hours per Response’’ category was decreased to .3 (18 minutes) from .4 (24 minutes) to reflect the benefits of being able to submit the required information electronically, as respondents no longer have to print and physically mail forms. Respondents: 500. Responses per Respondent: 1. Total Responses: 500. Hours per Response: 0.3. Total Burden Hours: 150. Obtaining Copies Of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405, telephone 202–501–4755. Please cite OMB Control No. 9000–0001, SF 28, Affidavit of Individual Surety, in all correspondence. Dated: November 7, 2014. Edward Loeb, Acting Director, Federal Acquisition Policy Division, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. [FR Doc. 2014–26936 Filed 11–13–14; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0047; Docket No. 2014–0055; Sequence 14] Federal Acquisition Regulation; Submission to OMB for Review; Place of Performance Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for public comments regarding an extension to an existing OMB clearance. AGENCIES: PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 Under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35), the Regulatory Secretariat Division (MVCB) 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 place of performance. A notice was published in the Federal Register at 79 FR 41286 on July 15, 2014. There were two comments received. DATES: Submit comments on or before December 15, 2014. ADDRESSES: Submit comments identified by Information Collection 9000–0047, Place of Performance by any of the following methods: • Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB Control number 9000–0047. Select the link ‘‘Comment Now’’ that corresponds with ‘‘Information Collection 9000–0047, Place of Performance’’. Follow the instructions provided on the screen. Please include your name, company name (if any), and ‘‘Information Collection 9000–0047 Place of Performance’’ on your attached document. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat Division (MVCB) 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Hada Flowers/IC 9000–0047, Place of Performance. Instructions: Please submit comments only and cite Information Collection 9000–0047 Place of Performance, in all correspondence related to this collection. All comments received will be posted without change to https:// www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: Mr. Michael O. Jackson, Procurement Analyst, Acquisition Policy Division at 202–208–4949 or email michaelo.jackson@gsa.gov. SUMMARY: A. Purpose The information relative to the place of performance and owner of plant or facility, if other than the prospective contractor, is a basic requirement when contracting for supplies or services (including construction). A prospective contractor must affirmatively demonstrate its responsibility. Hence, the Government must be apprised of this information prior to award. The contracting officer must know the place of performance and the owner of the E:\FR\FM\14NON1.SGM 14NON1

Agencies

[Federal Register Volume 79, Number 220 (Friday, November 14, 2014)]
[Notices]
[Pages 68249-68250]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26936]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0001; Docket No. 2014-0055; Sequence No. 18]


Submission for OMB Review; Affidavit of Individual Surety, 
Standard Form 28

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

ACTION: Notice of request for public comments regarding an extension to 
an existing OMB clearance.

-----------------------------------------------------------------------

SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 
(44 U.S.C. Chapter 35), the Regulatory Secretariat Division (MVCB) 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 Standard Form (SF) 28, Affidavit of 
Individual Surety. A notice was published in the Federal Register at 79 
FR 43050 on July 24, 2014. Two comments were received.

DATES: Submit comments on or before December 15, 2014.

ADDRESSES: Submit comments identified by Information Collection 9000-
0001 by any of the following methods:
     Regulations.gov: https://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching the OMB 
control number 9000-0001. Select the link ``Comment Now'' that 
corresponds with ``Information Collection 9000-0001, SF 28, Affidavit 
of Individual Surety''. Follow the instructions provided on the screen. 
Please include your name, company name (if any), and ``Information 
Collection 9000-0001 SF 28, Affidavit of Individual Surety'' on your 
attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. 
ATTN: Ms. Flowers/IC 9000-0001, SF 28, Affidavit of Individual Surety.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0001, in all correspondence related to this collection. 
All comments received will be posted without change to https://www.regulations.gov, including any personal and/or business 
confidential information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement 
Analyst, Acquisition Policy Division, GSA, 202-219-0202 or email 
Cecelia.davis@gsa.gov.

SUPPLEMENTARY INFORMATION:

A. Purpose

    The Affidavit of Individual Surety SF 28 is used by all executive 
agencies, including the Department of Defense, to obtain information 
from individuals wishing to serve as sureties to Government bonds. To 
qualify as a surety on a Government bond, the individual must show a 
net worth not less than the penal amount of the bond on the SF 28. It 
is an elective decision on the part of the maker to use individual 
sureties instead of other available sources of surety or sureties for 
Government bonds. We are not aware if other formats exist for the 
collection of this information.
    The information on SF 28 is used to assist the contracting officer 
in determining the acceptability of individuals proposed as sureties.

[[Page 68250]]

B. Discussion and Analysis

    The analysis of the public comment is summarized as follows:
    Both commenters support the extension of this information 
collection. In addition to supporting the extension, both commenters 
suggested some revisions/enhancements to the current Standard Form 28.
    Comments: One commenter stated that SF 28 does not achieve its 
intended purpose in assisting contracting officers in determining 
whether individuals proposed as sureties are financially sound with the 
resources to support the obligations pledged for a Federal construction 
contract. The commenter states that the SF 28 has not prevented 
individual sureties from pledging the same assets for multiple bonds 
and recommends that the SF 28 be enhanced to ensure that the assets 
pledged to the Federal government can be accessed if needed. The 
Federal government should require any assets pledge other than real 
estate be placed in escrow only in a Federal insured financial 
institution and that a copy of the escrow agreement be filed with the 
SF 28 that shows the Federal government would have unrestricted access 
if needed. In addition, SF 28 should include questions relating to the 
criminal background, debarments and cease and desist orders from the 
state insurance departments. The SF 28 should also specify 
documentation to demonstrate the value of the assets, verify that it 
has been pledged to the United States and is free of tax liens or other 
encumbrances.
    The other commenter acknowledges that changes have been made in the 
past to strengthen the form but points out that the current SF 28 would 
benefit from greater specificity on the information required of 
individual sureties relating to the pledging of assets, especially 
information relating to assets other than real estate. Also, additional 
information should be provided on the SF 28 to assist contracting 
officers in their efforts to select an acceptable individual surety 
(such as disclosure of Federal tax liens against the individual surety 
and disclosure of personal insolvency proceedings).
    Response: As in the past, these suggestions will be taken into 
consideration and if deemed warranted a FAR case will be opened to 
revise the standard form. At that time, the estimated total annual 
public hour and cost burden will be adjusted if necessary.

C. Annual Reporting Burden

    Based on a comprehensive reassessment performed, this information 
collection resulted in no change in the total burden hours from the 
previous information collection that was published in the Federal 
Register at 76 FR 60050 on September 28, 2011. The previous assessment 
performed resulted in a change to the ``Response per Respondent'' and 
``Hours per Response'' categories. The 1.43, responses per respondent, 
was lowered to 1. to adequately reflect this category. A respondent has 
to respond completely not partially when submitting this form. The 
``Hours per Response'' category was decreased to .3 (18 minutes) from 
.4 (24 minutes) to reflect the benefits of being able to submit the 
required information electronically, as respondents no longer have to 
print and physically mail forms.
    Respondents: 500.
    Responses per Respondent: 1.
    Total Responses: 500.
    Hours per Response: 0.3.
    Total Burden Hours: 150.
    Obtaining Copies Of Proposals: Requesters may obtain a copy of the 
information collection documents from the General Services 
Administration, Regulatory Secretariat Division (MVCB), 1800 F Street 
NW., Washington, DC 20405, telephone 202-501-4755. Please cite OMB 
Control No. 9000-0001, SF 28, Affidavit of Individual Surety, in all 
correspondence.

    Dated: November 7, 2014.
Edward Loeb,
Acting Director, Federal Acquisition Policy Division, Office of 
Government-wide Acquisition Policy, Office of Acquisition Policy, 
Office of Government-wide Policy.
[FR Doc. 2014-26936 Filed 11-13-14; 8:45 am]
BILLING CODE 6820-EP-P
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