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SBA RIN: 3245-AF94 Publication ID: Spring 2011 
Title: American Recovery and Reinvestment Act: Surety Bond Guarantees; Size Standards 
Abstract: This interim final rule implemented provisions of the American Recovery and Reinvestment Act of 2009 that pertain to the Surety Bond Guaranty (SBG) Program. Until September 30, 2010, the U.S. Small Business Administration (SBA) is authorized to guarantee bonds on contracts of up to $5 million (or up to $10 million based on the certification of a Federal contracting officer). SBA is further authorized, until September 30, 2010, to partially deny liability under its bond guarantee, but cannot deny liability in whole or even in part on the basis of material facts disclosed to SBA in a guarantee application submitted under the Prior Approval Program. In addition to implementing these authorities, this rule also revised the size standard for participation in the SBG Program, and makes several changes primarily for clarification purposes. Under the SBG program SBA guarantees bid, payment and performance bonds for small contractors who cannot obtain bonds through regular commercial channels. SBA's guarantee gives Surety Companies an incentive to provide bonding for small businesses, and thereby assists small businesses in gaining greater access to contracting opportunities. 
Agency: Small Business Administration(SBA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 13 CFR 120   
Legal Authority: PL 111-5, sec 508   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  07/22/2009  74 FR 36106   
Interim Final Rule Comment Period End  08/21/2009    
Final Action  08/00/2011    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Frank Lalumiere
Director, Office of Surety Guarantees
Small Business Administration
409 Third Street SW.,
Washington, DC 20416
Phone:202 205-6540
Email: frank.lalumiere@sba.gov