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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 “Performance Bond”: the first 40

  • FAR 28.103-2 Performance bonds.
    (a) Performance bonds may be required for contracts exceeding the simplified acquisition threshold when necessary to protect the Government's interest. The following situations may warrant a performance bond: (1) Government property or fun…
  • FAR 28.104 Annual performance bonds.
    (a) Annual performance bonds only apply to non-construction contracts. They shall provide a gross penal sum applicable to the total amount of all covered contracts. (b) When the penal sums obligated by contracts are approximately equal to …
  • 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 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 28.106-1 Bonds and bond related forms.
    …s) and Optional 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. …
  • FAR 53.228 Bonds and insurance.
    …t for SF 25B. (a) SF 24 (Rev. 8/2016) Bid Bond. (See 28.106-1.) (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.…
  • 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 28.101-1 Policy on use.
    (a) A contracting 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 b…
  • FAR 28.106-3 Additional bond and security.
    …in 28.204 in lieu of corporate or individual surety, agencies shall use Standard Form 25, Performance Bond; Standard Form 1418, Performance Bond for Other Than Construction Contracts; Standard Form 25-A, Payment Bond; or Standard Form 1416,…
  • FAR 28.203-3 Release of security interest.
    …ollowing final payment; (ii) Until completion of any warranty period (applicable only to performance bonds); or (iii) Pending resolution of all claims filed against the payment bond during the 1 year period following final payment. (2) C…
  • FAR 52.228-11 Individual Surety—Pledge of Assets.
    …21) (a) The Contractor 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 …
  • FAR 52.232-27 Prompt Payment for Construction Contracts.
    … A payment clause that obligates the Contractor to pay the subcontractor for satisfactory performance under its subcontract not later than 7 days from receipt of payment out of such amounts as are paid to the Contractor under this contract.…
  • DFARS 252.217-7008 Bonds.
    …, the Offeror may 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 a…
  • FAR 28.001 Definitions.
    …racts) requiring bonds submitted during a specific Government fiscal year. (3) An annual performance bond is a single bond furnished by a contractor, in lieu of separate performance bonds, to secure fulfillment of the contractor's obligati…
  • 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.
  • 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 28.105-1 Advance payment bonds.
    … 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 the Government.
  • FAR 28.105-2 Patent infringement bonds.
    (a) Contracts providing for patent indemnity may require these bonds only if— (1) A performance bond is not furnished; and (2) The financial responsibility of the contractor is unknown or doubtful. (b) The contracting officer shall deter…
  • FAR 28.204-3 Irrevocable letter of credit.
    …, the contracting officer shall immediately draw on the ILC. (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…
  • FAR 37.302 Bonds or other security.
    … does not apply. However, the contracting officer may require the contractor to furnish a performance bond or other security (see 28.103) in an amount that the contracting officer considers adequate to (a) ensure completion of the work, (b)…
  • FAR 42.1204 Applicability of novation agreements.
    …ives all rights under the contract against the Government; (3) The transferor guarantees performance of the contract by the transferee (a satisfactory performance bond may be accepted instead of the guarantee); and (4) Nothing in the agre…
  • FAR 49.402-3 Procedure for default.
    …ment has taken any action that might be construed as a waiver of the contract delivery or performance date, the contracting officer shall send a notice to the contractor setting a new date for the contractor to make delivery or complete per…
  • FAR 52.228-14 Irrevocable Letter of Credit.
    …or intends to use 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) Th…
  • DFARS 228.102 Performance and payment bonds and alternative payment protections for construction contracts.
  • FAR 2.101 Definitions.
    …, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions directly related to the process of fulfilling agency needs by contr…
  • FAR 28.102-2 Amount required.
    …se options exercised at the time of contract award. (b) Contracts exceeding $150,000—(1) Performance bonds. Unless the contracting officer determines that a lesser amount is adequate for the protection of the Government, the penal amount o…
  • FAR 28.103-4 Contract clause.
    …tracting officer shall insert a clause substantially the same as the clause at 52.228-16, Performance and Payment Bonds—Other than Construction, in solicitations and contracts that contain a requirement for both payment and performance bond…
  • FAR 52.203-16 Preventing Personal Conflicts of Interest.
    …nistering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services). (7) Terminating c…
  • FAR 52.222-50 Combating Trafficking in Persons.
    …imited and defined. Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance. Forced Labor means knowingly provi…
  • FAR 52.222-54 Employment Eligibility Verification.
    … as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.…
  • FAR 52.232-5 Payments Under Fixed-Price Construction Contracts.
    …fy, to the best of my knowledge and belief, that— (1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract; (2) All payments due to subcontractors and suppliers from p…
  • FAR 52.232-12 Advance Payments.
    … by this contract and on all material and other property acquired for or allocated to the performance of this contract, except to the extent that the Government by virtue of any other terms of this contract, or otherwise, shall have valid t…
  • FAR 52.237-4 Payment by Government to Contractor.
    …n ___ [insert full if Alternate I is used; otherwise insert partial] consideration of the performance of the work called for in the Schedule, the Government will pay to the Contractor ___ [fill in amount]. (b) The Government shall make pro…
  • 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 18.121 Bid guarantees.
    …ice may waive the requirement to obtain a bid guarantee for emergency acquisitions when a performance bond or a performance bond and payment bond is required. (See 28.101-1(c).)
  • FAR 22.1702 Definitions.
    …imited and defined. Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance. Involuntary servitude includes a c…
  • FAR 22.1802 Policy.
    …ty performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond; (3) Use E-Verify to verify employment eligibility of all employees assigned to the contract; and (4) Include these requirements, a…
  • FAR 28.202 Acceptability of corporate sureties.
    …he contractor shall use Standard Form (SF) 273, Reinsurance Agreement for a Bonds Statute Performance Bond, and SF 274, Reinsurance Agreement for a Bonds Statute Payment Bond, when reinsurance is furnished with the required performance or p…

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.