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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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66 sections with “bonds”: the first 40

  • 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 28.204-1 United States bonds or notes.
    …stead of furnishing a surety or sureties on the bond, of depositing certain United States bonds or notes in an amount equal at their par value to the penal sum of the bond (the Act of February 24, 1919 (31 U.S.C. 9303) and Treasury Departme…
  • FAR 28.105 Other types of bonds.
    The head of the contracting activity may approve using other types of bonds in connection with acquiring particular supplies or services. These types include advance payment bonds and patent infringement bonds.
  • FAR 32.304-7 Contract surety bonds and loan guarantees.
    (a) Contract surety bonds are incompatible with the Government's interests under guaranteed loans, unless the interests of the surety are subordinated to the guaranteed loan. (b) If a substantial share of the contractor's defense contracts…
  • FAR 28.106-1 Bonds and bond related forms.
    …(g) SF 35, Annual Performance Bond (see 28.104). (h) SF 273, Reinsurance Agreement for a Bonds Statute Performance Bond (see 28.202(a)(4)). (i) SF 274, Reinsurance Agreement for a Bonds Statute Payment Bond (see 28.202(a)(4)). (j) SF 275…
  • 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 53.228 Bonds and insurance.
    …l Performance Bond. (See 28.106-1.) (h) SF 273 (Rev. 4/2013) Reinsurance Agreement for a Bonds statute Performance Bond. (See 28.106-1(h) and 28.202(a)(4).) (i) SF 274 (Rev. 4/2013) Reinsurance Agreement for a Bonds statute Payment Bond. …
  • 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 28.103-2 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 28.105-1 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 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 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…
  • DFARS 228.105 Other types of bonds.
    Fidelity and forgery bonds generally are not required but are authorized for use when— (1) Necessary for the protection of the Government or the contractor; or (2) The investigative and claims services of a surety company are desired.
  • 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 28.106-2 Substitution of surety bonds.
    (a) A new surety bond covering all or part of the obligations on a bond previously approved may be substituted for the original bond if approved by the head of the contracting activity, or as otherwise specified in agency regulation. (b) W…
  • 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 28.202 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 28.204-3 Irrevocable letter of credit.
    … 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 the ILC to…
  • FAR 52.228-14 Irrevocable Letter of Credit.
    …) 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 (e) and (f) of this clause shall be…
  • 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 28.103-4 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 28.203-3 Release of security interest.
    …ase by the surety stating that it approves of such release. (1) Contracts subject to the Bonds statute. See section 1.110 and section 28.102-1, paragraph (a). The security interest shall be maintained for the later of— (i) 1 year followin…
  • FAR 28.101-1 Policy on use.
    …ll types of bid guarantees are acceptable for supply or service contracts (see annual bid bonds and annual performance bonds coverage in 28.001). Only separate bid guarantees are acceptable in connection with construction contracts. Agencie…
  • FAR 28.101-2 Solicitation provision or contract clause.
    …ision— (1) To set a period of time that is other than 10 days for the return of executed bonds; (2) For use in connection with construction solicitations when the agency has specified that only separate bid bonds are acceptable in accorda…
  • 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 28.102-3 Contract clauses.
    …nsert 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 cont…
  • 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 28.106-4 Contract clause.
    …ert the clause at 52.228-2, Additional Bond Security, in solicitations and contracts when bonds are required. (b) In accordance with section 806(a)(3) of Public Law 102-190, as amended by section 2091 and 8105 of Public Law 103-355 (10 U.S…
  • FAR 28.204 Alternatives in lieu of corporate or individual sureties.
    …bination of the types of security listed in 28.204-1 through 28.204-3 or a combination of bonds supported by these types of security and additional surety bonds under 28.202 or 28.203. During the period for which a bond supported by securit…
  • FAR 52.228-1 Bid Guarantee.
    …s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as …
  • FAR 28.000 Scope of part.
    …at result from the use of the sealed bid or negotiated methods. It covers bid guarantees, bonds, alternative payment protections, security for bonds, and insurance.
  • FAR 28.106-6 Furnishing information.
    ….), requires that the Federal Government provide information to subcontractors on payment bonds under contracts for other than commercial products or commercial services as defined in subpart 2.1. Upon the written or oral request of a subco…
  • 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 28.203-5 Exclusion of individual sureties.
    (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. T…
  • FAR 28.204-4 Contract clause.
    …d contracts for services, supplies, or construction, when a bid guarantee, or performance bonds, or performance and payment bonds are required.

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.