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FAR and DFARS › FAR Part 28: Bonds and Insurance › Subpart 28.2

FAR 28.203-5 Exclusion of individual sureties.

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 allows an agency to exclude an individual from acting as a surety on bonds submitted by offerors on executive branch procurements, using the procedures in subpart 9.4, for the purpose of protecting the Government. Excluded individuals are listed in the System for Award Management, and contracting officers generally may not accept bonds from individual sureties who appear in an active exclusion record. An exclusion also prevents the individual from acting as a contractor under subpart 9.4.

Applies to: Individuals acting or seeking to act as sureties on bonds submitted by offerors on executive branch procurements

What it requires

  • Contracting officers shall not accept the bonds of individual sureties whose names appear in an active exclusion record in the System for Award Management, unless the acquiring agency's head or a designee states in writing the compelling reasons justifying acceptance.

Key terms: individual surety · exclusion · System for Award Management · bond · subpart 9.4

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

The text

(a) An individual may be excluded from acting as a surety on bonds submitted by offerors on procurement by the executive branch of the Federal Government, by the acquiring agency's head or designee utilizing the procedures in subpart 9.4. The exclusion shall be for the purpose of protecting the Government.

(b) An individual may be excluded for any of the following causes:

(1) Failure to fulfill the obligations under any bond.

(2) Failure to disclose all bond obligations.

(3) Misrepresentation of the value of available assets or outstanding liabilities.

(4) Any false or misleading statement, signature or representation on a bond or affidavit of individual suretyship.

(5) Any other cause affecting responsibility as a surety of such serious and compelling nature as may be determined to warrant exclusion.

(c) An individual surety excluded pursuant to this section shall be entered as an exclusion in the System for Award Management (see 9.404).

(d) Contracting officers shall not accept the bonds of individual sureties whose names appear in an active exclusion record in the System for Award Management (see 9.404) unless the acquiring agency's head or a designee states in writing the compelling reasons justifying acceptance.

(e) An exclusion of an individual surety under this section will also preclude such party from acting as a contractor in accordance with subpart 9.4.

Sections it refers to

  • 9.404 Exclusions in the System for Award Management.

← 28.203-4 Solicitation provision and contract clause. · 28.204 Alternatives in lieu of corporate or individual sureties. →

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 28.203-5 Exclusion of individual sureties · SpendQuery