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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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82 sections with “bond form”: the first 40

  • FAR 28.106-1 Bonds and bond related forms.
    …s (SF'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 f…
  • FAR 52.228-15 Performance and Payment Bonds—Construction.
    …cribed 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 requir…
  • FAR 52.228-16 Performance and Payment Bonds—Other Than Construction.
    …rescribed 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 or, …
  • 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 28.106-3 Additional bond and security.
    (a) When additional bond coverage is required and is secured in whole or in part by the original surety or sureties, agencies shall use Standard Form 1415, Consent of Surety and Increase of Penalty. Standard Form 1415 is authorized for loca…
  • FAR 28.106-6 Furnishing information.
    (a) The surety on the 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 paym…
  • FAR 31.205-4 Bonding costs.
    (a) Bonding costs arise when the Government requires assurance against financial loss to itself or others by reason of the act or default of the contractor. They arise also in instances where the contractor requires similar assurance. Inclu…
  • FAR 53.228 Bonds and insurance.
    The following standard forms are prescribed for use for bond and insurance requirements, as specified in part 28. These forms can be found at the GSA Forms Library at https://www.gsa.gov/forms. All the following forms are authorized for loc…
  • DFARS 252.217-7008 Bonds.
    As prescribed in 217.7104(a), use the following clause: Bonds (DEC 1991) (a) If the solicitation requires an offeror to submit a bid bond, the Offeror may furnish, instead, an annual bid bond (or evidence thereof) or an annual performance…
  • 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 28.204 Alternatives in lieu of corporate or individual sureties.
    (a) Any person required to furnish a bond to the Government may furnish any of the types of security listed in 28.204-1 through 28.204-3 instead of a corporate or individual surety for the bond. When any of those types of security are depos…
  • FAR 52.228-12 Prospective Subcontractor Requests for Bonds.
    …scribed in 28.106-4(b), use the following clause: Prospective Subcontractor Requests for Bonds (DEC 2022) In accordance with section 806(a)(3) of Pub. L. 102-190, as amended by sections 2091 and 8105 of Pub. L. 103-355 (10 U.S.C. 4601 not…
  • 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 28.105-1 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 …
  • DFARS 228.102 Performance and payment bonds and alternative payment protections for construction contracts.
  • FAR 28.001 Definitions.
    …iod specified for acceptance and (2) will execute a written contract and furnish required bonds, including any necessary coinsurance or reinsurance agreements, within the time specified in the bid, unless a longer time is allowed, after rec…
  • 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 28.101-3 Authority of an attorney-in-fact for a bid bond.
    (a) Any person signing a bid bond as an attorney-in-fact shall include with the bid bond evidence of authority to bind the surety. (b) An original, or a photocopy or facsimile of an original, power of attorney is sufficient evidence of suc…
  • FAR 28.102-1 General.
    (a) 40 U.S.C. chapter 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 …
  • FAR 28.102-2 Amount required.
    …xercised 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 of performanc…
  • FAR 28.103-4 Contract clause.
    …nsert 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 bonds. The contracting offic…
  • 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 28.202 Acceptability of corporate sureties.
    (a)(1) Corporate sureties offered for bonds furnished with contracts performed in the United States or its outlying areas must appear on the list contained in the Department of the Treasury's Listing of Approved Sureties (Treasury Departmen…
  • FAR 28.203-1 Acceptability of individual sureties.
    (a) An individual surety is acceptable for all types of bonds except position schedule bonds. Assets pledged by an individual surety shall meet the eligibility requirements of Treasury's Bureau of the Fiscal Service. Per 31 U.S.C. 9310, ind…
  • FAR 28.203-3 Release of security interest.
    …agraphs (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 subcontr…
  • FAR 28.204-3 Irrevocable letter of credit.
    (a) Any person required to furnish a bond has the option to furnish a bond secured by an irrevocable letter of credit (ILC) in an amount equal to the penal sum required to be secured (see 28.204). A separate ILC is required for each bond. …
  • FAR 37.302 Bonds or other security.
    …ismantling, demolition, or removal of improvements, 40 U.S.C. chapter 31, subchapter III, Bonds, (see 28.102) does not apply. However, the contracting officer may require the contractor to furnish a performance bond or other security (see 2…
  • FAR 52.228-1 Bid Guarantee.
    … (b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocab…
  • FAR 52.228-11 Individual Surety—Pledge of Assets.
    … 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 Acquisition …
  • FAR 52.228-14 Irrevocable Letter of Credit.
    …ondition the letter of credit. (b) If the offeror 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 (…
  • DFARS 228.102-70 Defense Environmental Restoration Program construction contracts.
    … entered into pursuant to 10 U.S.C. 2701— (a) Any rights of action under the performance bond shall only accrue to, and be for the exclusive use of, the obligee named in the bond; (b) In the event of default, the surety's liability on the…
  • FAR 28.103-1 General.
    (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 b…
  • FAR 50.102-3 Limitations on exercise of authority.
    …open competition 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…
  • FAR 52.232-5 Payments Under Fixed-Price Construction Contracts.
    …nt to require the fulfillment of all of the terms of the contract. (g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for per…
  • DFARS 252.232-7012 Performance-Based Payments—Whole-Contract Basis.
    …B) An irrevocable letter of credit from a federally insured financial institution. (C) A bond from a surety, acceptable in accordance with FAR part 28. (D) A guarantee of repayment from a person or corporation of demonstrated liquid net w…
  • DFARS 252.232-7013 Performance-Based Payments—Deliverable-Item Basis.
    …B) An irrevocable letter of credit from a federally insured financial institution. (C) A bond from a surety, acceptable in accordance with FAR part 28. (D) A guarantee of repayment from a person or corporation of demonstrated liquid net w…
  • FAR 2.101 Definitions.
    …er seal that appoints an attorney-in-fact to act in behalf of a surety company in signing bonds (see also “attorney-in-fact” at 28.001). Preaward survey means an evaluation of a prospective contractor's capability to perform a proposed con…
  • FAR 18.121 Bid guarantees.
    …e 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 (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.