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48 CFR · Federal Acquisition Regulation and Defense supplement

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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.

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70 sections with “Payment Bond”: the first 40

  • FAR 52.228-15 Performance and Payment Bonds—Construction.
    As prescribed in 28.102-3(a), insert a clause substantially as follows: Performance and Payment Bonds—Construction (JUN 2020) (a) Definitions. As used in this clause— Original contract price means the award price of the contract; or, for…
  • FAR 28.105-1 Advance payment bonds.
    Advance payment bonds may be required only when the contract contains an advance payment provision and a performance bond is not furnished. The contracting officer shall determine the amount of the advance payment bond necessary to protect …
  • FAR 52.228-16 Performance and Payment Bonds—Other Than Construction.
    As prescribed in 28.103-4, insert a clause substantially as follows: Performance and Payment Bonds—Other Than Construction (NOV 2006) (a) Definitions. As used in this clause— Original contract price means the award price of the contract …
  • FAR 28.103-3 Payment bonds.
    (a) A payment bond is required only when a performance bond is required, and if the use of payment bond is in the Government's interest. (b) When a contract price is increased, the Government may require additional bond protection in an am…
  • FAR 28.102 Performance and payment bonds and alternative payment protections for construction contracts.
  • FAR 28.103 Performance and payment bonds for other than construction contracts.
  • DFARS 228.102 Performance and payment bonds and alternative payment protections for construction contracts.
  • FAR 52.228-13 Alternative Payment Protections.
    As prescribed in 28.102-3(b), insert the following clause: Alternative Payment Protections (JUL 2000) (a) The Contractor shall submit one of the following payment protections: (b) The amount of the payment protection shall be 100 percent…
  • FAR 52.232-5 Payments Under Fixed-Price Construction Contracts.
    As prescribed in 32.111(a)(5), insert the following clause: Payments Under Fixed-Price Construction Contracts (MAY 2014) (a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract. (b) P…
  • FAR 52.232-27 Prompt Payment for Construction Contracts.
    As prescribed in 32.908(b), insert the following clause: Prompt Payment for Construction Contracts (JAN 2017) Notwithstanding any other payment terms in this contract, the Government will make invoice payments under the terms and conditio…
  • FAR 28.106-1 Bonds and bond related forms.
    … Forms (OF's) shall be used, except in foreign countries, when a bid bond, performance or payment bond, or an individual surety is required. The bond forms shall be used as indicated in the instruction portion of each form. (a) SF 24, Bid …
  • FAR 52.232-12 Advance Payments.
    As prescribed in 32.412(a), insert the following clause: Advance Payments (MAY 2001) (a) Requirements for payment. Advance payments will be made under this contract (1) upon submission of properly certified invoices or vouchers by the Con…
  • FAR 52.237-4 Payment by Government to Contractor.
    …f improvements whenever the contracting officer determines that the Government shall make payment to the contractor in addition to any title to property that the contractor may receive under the contract: Payment by Government to Contracto…
  • FAR 53.228 Bonds and insurance.
    …) (b) SF 25 (Rev. 8/2016) Performance Bond. (See 28.106-1(b).) (c) SF 25A (Rev. 8/2016) Payment Bond. (See 28.106-1(c).) (d) SF 25B (For Standard Forms 24, 25, and 25A) (Rev. 10/1983) Continuation Sheet for Standard Forms 24, 25 and 25A.…
  • DFARS 252.217-7008 Bonds.
    …y furnish, instead, an annual bid bond (or evidence thereof) or an annual performance and payment bond (or evidence thereof). (b) If the solicitation does not require a bid bond, the Offeror shall not include in the price any contingency t…
  • DFARS 252.232-7012 Performance-Based Payments—Whole-Contract Basis.
    As prescribed in 232.1005-70(a)(1), use the following clause: PERFORMANCE-BASED PAYMENTS—WHOLE-CONTRACT BASIS (DEC 2022) (a) Performance-based payments shall form the basis for the contract financing payments provided under this contract, …
  • DFARS 252.232-7013 Performance-Based Payments—Deliverable-Item Basis.
    As prescribed in 232.1005-70(a)(2), use the following clause: Performance-Based Payments—Deliverable-Item Basis (DEC 2022) (a) Performance-based payments shall form the basis for the contract financing payments provided under this contrac…
  • FAR 28.001 Definitions.
    …t”), identified in the bond. If the principal's obligations are not met, the bond assures payment, to the extent stipulated, of any loss sustained by the obligee. The types of bonds and related documents are as follows: (1) An advance paym…
  • FAR 28.102-1 General.
    …er 31, subchapter III, Bonds (formerly known as the Miller Act), requires performance and payment bonds for any construction contract exceeding $150,000, except that this requirement may be waived— (1) by the contracting officer for as much…
  • FAR 28.102-2 Amount required.
    …contract price increases, an additional amount equal to 100 percent of the increase. (2) Payment bonds. (i) Unless the contracting officer makes a written determination supported by specific findings that a payment bond in this amount is i…
  • FAR 28.106-3 Additional bond and security.
    …rd Form 1418, Performance Bond for Other Than Construction Contracts; Standard Form 25-A, Payment Bond; or Standard Form 1416, Payment Bond for Other Than Construction Contracts.
  • FAR 28.106-6 Furnishing information.
    …bond, upon its written request, may be furnished information on the progress of the work, payments, and the estimated percentage of completion, concerning the contract for which the bond was furnished. (b) When a payment bond has been prov…
  • FAR 28.203-3 Release of security interest.
    …n subparagraphs (a)(1) and (2) of this section. A surety's assets pledged in support of a payment bond may be released to a subcontractor or supplier upon Government receipt of a Federal district court judgment, or a sworn statement by the …
  • FAR 28.204-3 Irrevocable letter of credit.
    …LC. (e) If, after the period of performance of a contract where ILCs are used to support payment bonds, there are outstanding claims against the payment bond, the contracting officer shall draw on the ILC prior to the expiration date of th…
  • FAR 32.409-3 Security, supervision, and covenants.
    (a) If advance payments are approved, the contracting officer shall enter into an agreement with the contractor covering special accounts and suitable covenants protecting the Government's interest (see 32.411). This requirement generally a…
  • FAR 32.410 Findings, determination, and authorization.
    (a) Each determination concerning advance payments shall be supported by written findings (see 32.402(c)(1)(iii)). (b) The following is an example of the format and text of findings, determination, and authorization with alternative words,…
  • FAR 49.404 Surety-takeover agreements.
    … surety may include a “takeover” agreement in its proposal, fixing the surety's rights to payment from those funds. The contracting officer may (but not before the effective date of termination) enter into a written agreement with the suret…
  • FAR 52.228-11 Individual Surety—Pledge of Assets.
    …r shall obtain from each person acting as an individual surety on a performance bond or a payment bond— (1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation…
  • FAR 52.228-12 Prospective Subcontractor Requests for Bonds.
    …er offering to furnish labor or material for the performance of this contract for which a payment bond has been furnished to the Government pursuant to 40 U.S.C. chapter 31, subchapter III, Bonds, the Contractor shall promptly provide a cop…
  • FAR 52.228-14 Irrevocable Letter of Credit.
    …e an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used. (c) The letter of cred…
  • FAR 4.803 Contents of contract files.
    …briefing. (29) Acquisition management reports (see subpart 4.6). (30) Bid, performance, payment, or other bond documents, or a reference thereto, and notices to sureties. (31) Report of postaward conference. (32) Notice to proceed, stop…
  • FAR 28.102-3 Contract clauses.
    (a) Insert a clause substantially the same as the clause at 52.228-15, Performance and Payment Bonds—Construction, in solicitations and contracts for construction that contain a requirement for performance and payment bonds if the resultant…
  • FAR 28.105 Other types of bonds.
    …in connection with acquiring particular supplies or services. These types include advance payment bonds and patent infringement bonds.
  • FAR 49.402-2 Effect of termination for default.
    …ent is not liable for the contractor's costs on undelivered work and is entitled to the repayment of advance and progress payments, if any, applicable to that work. The Government may elect, under the Default clause, to require the contract…
  • FAR 50.102-3 Limitations on exercise of authority.
    …ompetition for award of contracts for supplies or services; or (4) Waiving any bid bond, payment bond, performance bond, or other bond required by law. (b) No contract, amendment, or modification shall be made under Pub. L. 85-804's autho…
  • DFARS 228.102-1 General.
    The requirement for performance and payment bonds is waived for cost-reimbursement contracts. However, for cost-type contracts with fixed-price construction subcontracts over $40,000, require the prime contractor to obtain from each of its …
  • FAR 2.101 Definitions.
    …or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. Howe…
  • FAR 28.101-1 Policy on use.
    … officer shall not require a bid guarantee unless a performance bond or a performance and payment bond is also required (see 28.102 and 28.103). Except as provided in paragraph (c) of this subsection, bid guarantees shall be required whenev…
  • FAR 31.205-4 Bonding costs.
    …e the contractor requires similar assurance. Included are such bonds as bid, performance, payment, advance payment, infringement, and fidelity bonds. (b) Costs of bonding required pursuant to the terms of the contract are allowable. (c) C…
  • FAR 31.205-6 Compensation for personal services.
    …lan or practice followed so consistently as to imply, in effect, an agreement to make the payment. (4) No presumption of allowability will exist where the contractor introduces major revisions of existing compensation plans or new plans an…

FAR (chapter 1)

DFARS (chapter 2, Defense)

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Rule changes in progress: FAR, DFARS. Terms: glossary.