Federal Acquisition Regulation: Revision to Standard Forms for Bonds, 63485-63497 [2015-26581]

Download as PDF mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules Incentive Program. It also consolidates aspects of the PQRS, VM, and EHR Incentive Program into the new MIPS. Additionally, section 101 of the MACRA promotes the development of Alternative Payment Models (APMs) by providing incentive payments for certain eligible professionals (EPs) who participate in APMs, by exempting EPs from the MIPS if they are qualifying APM participants, and by encouraging the creation of physician-focused payment models (PFPMs). In the request for information, we seek public and stakeholder input to inform the implementation of these provisions. We have received inquiries from national organizations regarding the 30day comment period we provided for the October 1 RFI. The organizations stated that they need additional time to respond as a result of the number and depth of questions posed in the October 1 RFI. Since we requested the public to comment on various aspects of MIPS and APMs, we believe that it is important to allow ample time for the public to prepare comments regarding the October 1 RFI. Therefore, we have decided to extend the comment period for an additional 15 days. This document announces the extension of the public comment period to November 17, 2015. While we continue to welcome comments on all questions asked in the October 1 RFI, we suggest that the public and stakeholders may choose to focus their attention on issues that are a higher priority for CMS. To assist commenters in considering and formulating their comments on the October 1 RFI, we identify the following sections and questions, which we have categorized in descending order of priority for CMS. • For Section II, Subsection A (The Merit-Based Incentive Program System (MIPS)) of the request for information, each component (sub-subsection) under Subsection A has been prioritized by the following categories, in which all questions listed in the October 1 RFI that are within each component correspond to the specified priority category. Æ Priority Category One: —Sub-Subsection 1 (MIPS EP Identifier and Exclusions) —Sub-Subsection 3 (Quality Performance Category) —Sub-Subsection 4 (Resource Use Performance Category) —Sub-Subsection 5 (Clinical Practice Improvement Activities Performance Category) —Sub-Subsection 6 (Meaningful Use of Certified EHR Technology Performance Category) VerDate Sep<11>2014 16:59 Oct 19, 2015 Jkt 238001 Æ Priority Category Two: —Sub-Subsection 2 (Virtual Groups) —Sub-Subsection 8 (Development of Performance Standards) —Sub-Subsection 12 (Feedback Reports) Æ Priority Category Three: —Sub-Subsection 7 (Other Measures) —Sub-Subsection 9 (Flexibility in Weighting Performance Categories) —Sub-Subsection 10 (MIPS Composite Performance Score and Performance Threshold) —Sub-Subsection 11 (Public Reporting) • For Section II, Subsection B (Alternative Payment Models) of the October 1 RFI, the following questions have been prioritized. Æ Priority Category: —How should CMS define ‘‘services furnished under this part through an EAPM entity’’? —What types of data and information can EPs submit to CMS for purposes of determining whether they meet the non-Medicare share of the Combination All-Payer and Medicare Payment Threshold, and how can they be securely shared with the federal government? —What criteria could the Secretary consider for determining comparability of state Medicaid medical home models to medical home models expanded under section 1115A(c) of the Act? —Which states’ Medicaid medical home models might meet criteria comparable to medical homes expanded under section 1115A(c) of the Act? —How should CMS define ‘‘use’’ of certified EHR technology as defined in section 1848(o)(4) of the Act by participants in an APM? For example, should the APM require participants to report quality measures to all payers using certified EHR technology or only payers who require EHR reported measures? Should all professionals in the APM in which an EAPM entity participates be required to use certified EHR technology or a particular subset? —What criteria should be used by the Physician-focused Payment Model Technical Advisory Committee for assessing PFPM proposals submitted by stakeholders? We are interested in hearing suggestions related to the criteria discussed in this RFI as well as other criteria. —What are examples of methodologies for attributing and counting patients in lieu of using payments to determine whether an EP is a qualifying APM participant (QP) or partial QP? —What is the appropriate type or types of ‘‘financial risk’’ under section PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 63485 1833(z)(3)(D)(ii)(I) of the Act to be considered an eligible APM (EAPM) entity? —What is the appropriate level of financial risk ‘‘in excess of a nominal amount’’ under section 1833(z)(3)(D)(ii)(I) of the Act to be considered an EAPM entity? —What criteria could be considered when determining ‘‘comparability’’ to MIPS of quality measures used to identify an EAPM entity? Please provide specific examples for measures, measure types (for example, structure, process, outcome, and other types), data source for measures (for example, patients/ caregivers, medical records, billing claims, etc.), measure domains, standards, and comparable methodology. Dated: October 14, 2015. Andrew M. Slavitt, Acting Administrator, Centers for Medicare & Medicaid Services. [FR Doc. 2015–26568 Filed 10–15–15; 4:15 pm] BILLING CODE 4120–01–P 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 Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. AGENCY: 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: SUMMARY: E:\FR\FM\20OCP1.SGM 20OCP1 63486 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules • 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: mstockstill on DSK4VPTVN1PROD with PROPOSALS 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. VerDate Sep<11>2014 16:59 Oct 19, 2015 Jkt 238001 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. 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. 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. 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. 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 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 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: E:\FR\FM\20OCP1.SGM 20OCP1 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules PART 53—FORMS 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. 2. Amend section 53.228 by revising the introductory text and paragraphs (a) through (g) to read as follows: ■ 53.228 Bonds and insurance. mstockstill on DSK4VPTVN1PROD with PROPOSALS 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. VerDate Sep<11>2014 16:59 Oct 19, 2015 Jkt 238001 (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 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 63487 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. * * * * * ■ 3. Revise section 53.301–24 to read as follows: 53.301–24 Bid Bond. BILLING CODE 6820–EP–P E:\FR\FM\20OCP1.SGM 20OCP1 VerDate Sep<11>2014 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules 16:59 Oct 19, 2015 Jkt 238001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4725 E:\FR\FM\20OCP1.SGM 20OCP1 EP20OC15.000</GPH> mstockstill on DSK4VPTVN1PROD with PROPOSALS 63488 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules 63489 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 EP20OC15.001</GPH> mstockstill on DSK4VPTVN1PROD with PROPOSALS INSTRUCTIONS Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules 4. Revise section 53.301–25 to read as follows: mstockstill on DSK4VPTVN1PROD with PROPOSALS ■ VerDate Sep<11>2014 16:59 Oct 19, 2015 Jkt 238001 53.301–25 PO 00000 Performance Bond. Frm 00018 Fmt 4702 Sfmt 4725 E:\FR\FM\20OCP1.SGM 20OCP1 EP20OC15.002</GPH> 63490 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules 63491 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 EP20OC15.003</GPH> mstockstill on DSK4VPTVN1PROD with PROPOSALS INSTRUCTIONS 63492 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules 5. Revise section 53.301–25A to read as follows: ■ 53.301–25A Payment Bond. 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 EP20OC15.004</GPH> mstockstill on DSK4VPTVN1PROD with PROPOSALS PRINCIPAL Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules 63493 CORPORATE SURETY(IESJ (Comtnued} 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 EP20OC15.005</GPH> mstockstill on DSK4VPTVN1PROD with PROPOSALS INSTRUCTIONS 63494 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules 6. Revise section 53.301–34 to read as follows: ■ 53.301–34 Annual Bid Bond. 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 EP20OC15.006</GPH> mstockstill on DSK4VPTVN1PROD with PROPOSALS September 30, 20 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules 63495 INSTRUCTIONS 1 This form is authorized for use in the "'"''lu'"'"''" lieu of Standard Form 24 Administrator of General name and business address of the Insert the full the bond. the face of the form. An authorized person shall must furnish venture, or an officer of the l"nrnnr..tiron the bond as sureties must appear on the of sureties and must act within the limitations listed therein. The value the face of the bond, LIMIT block is the 3. sureties are involved, their names and addresses shall appear in the headed "CORPORATE SURETY:' In the of the form, sum. When individual sureties are involved, a Affidavit of Individual for each individual shall accompany the bond. Government may furnish additional information its financial l"Jllr)~bilitv the bond shall affix their seals. Individuals shall execute the bond Seal", and shall affix an""'"""''"., seal if executed in Maine, New adhesive the name and title of each person this bond in the space 6. In its "offeror." and VerDate Sep<11>2014 16:59 Oct 19, 2015 Jkt 238001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4725 E:\FR\FM\20OCP1.SGM BACK 20OCP1 EP20OC15.007</GPH> mstockstill on DSK4VPTVN1PROD with PROPOSALS STANDARD FORM S4 63496 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules 7. Revise section 53.301–35 to read as follows: ■ 53.301–35 Annual Performance Bond. 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 EP20OC15.008</GPH> mstockstill on DSK4VPTVN1PROD with PROPOSALS OBLIGATION: Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules 63497 INSTRUCTIONS In BACK [FR Doc. 2015–26581 Filed 10–19–15; 8:45 am] BILLING CODE 6820–EP–C 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 EP20OC15.009</GPH> mstockstill on DSK4VPTVN1PROD with PROPOSALS STANDARD FORM 35

Agencies

[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Proposed Rules]
[Pages 63485-63497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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

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.

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


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


53.301-25A  Payment Bond.
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6. Revise section 53.301-34 to read as follows:


53.301-34  Annual Bid Bond.
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7. Revise section 53.301-35 to read as follows:


53.301-35  Annual Performance Bond.
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[FR Doc. 2015-26581 Filed 10-19-15; 8:45 am]
 BILLING CODE 6820-EP-C