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

FAR 28.106-5 Consent of surety.

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 tells contracting officers when they must get a surety's consent after a contract is modified. It matters to contractors because a modification may require the original surety to agree before it takes effect, unless the contract is secured by one of the security types listed in 28.204. Agencies must use Standard Form 1414 for this consent.

Applies to: Contracting officers handling contract modifications on bonded contracts

What it requires

  • Obtain the consent of surety when a contract is modified in the situations described in paragraph (a)
  • Use Standard Form 1414, Consent of Surety, for all types of contracts

Key terms: consent of surety · additional bond · original surety · novation agreement · Standard Form 1414

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

The text

(a) When any contract is modified, the contracting officer shall obtain the consent of surety if—

(1) An additional bond is obtained from other than the original surety;

(2) No additional bond is required and—

(i) The modification is for new work beyond the scope of the original contract; or

(ii) The modification does not change the contract scope but changes the contract price (upward or downward) by more than 25 percent or $50,000; or

(3) Consent of surety is required for a novation agreement (See subpart 42.12).

(b) When a contract for which performance or payment is secured by any of the types of security listed in 28.204 is modified as described in paragraph (a) of this subsection, no consent of surety is required.

(c) Agencies shall use Standard Form 1414, Consent of Surety, for all types of contracts.

Sections it refers to

  • 28.204 Alternatives in lieu of corporate or individual sureties.

Sections that refer to it

← 28.106-4 Contract clause. · 28.106-6 Furnishing information. →

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 28.106-5 Consent of surety · SpendQuery