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FAR and DFARS › FAR Part 28: Bonds and Insurance › Subpart 28.1

FAR 28.103-1 General.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section says agencies generally cannot require performance and payment bonds except for construction contracts, though bonds may be used in certain permitted situations. It also requires the contractor to provide all bonds before receiving a notice to proceed, and prohibits requiring new bonds after award unless they were in the contract or are needed for a modification.

Applies to: Agencies and contractors on contracts involving performance and payment bonds

What it requires

  • Furnish all bonds before receiving a notice to proceed with the work

Key terms: performance and payment bonds · construction contracts · notice to proceed · contract modification

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) Generally, agencies shall not require performance and payment bonds for other than construction contracts. However, performance and payment bonds may be used as permitted in 28.103-2 and 28.103-3.

(b) The contractor shall furnish all bonds before receiving a notice to proceed with the work.

(c) No bond shall be required after the contract has been awarded if it was not specifically required in the contract, except as may be determined necessary for a contract modification.

Sections it refers to

← 28.103 Performance and payment bonds for other than construction contracts. · 28.103-2 Performance bonds. →

Rule changes for FAR Part 28

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 28.103-1 General · SpendQuery