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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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44 sections with “payment and performance bonds”: 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 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 28.102 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 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 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 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.…
  • 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 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 28.103-2 Performance bonds.
    … in interest, desires assurance that it is financially capable. (3) Substantial progress payments are made before delivery of end items starts. (4) Contracts are for dismantling, demolition, or removal of improvements. (b) The Government…
  • 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…
  • 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 28.001 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 28.203-3 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 49.603-1 Fixed-price contracts—complete termination.
    …se properly accounted for. (5) The Contractor shall, within 10 days after receipt of the payment specified in this agreement, pay to each of its immediate subcontractors (or their respective assignees) the amounts to which they are entitle…
  • FAR 49.603-2 Fixed-price contracts—partial termination.
    …se properly accounted for. (6) The Contractor shall, within 10 days after receipt of the payment specified in this agreement, pay to each of its immediate subcontractors (or their respective assignees) the amounts to which they are entitle…
  • FAR 49.603-3 Cost-reimbursement contracts—complete termination, if settlement includes cost.
    …se properly accounted for. (5) The Contractor shall, within 10 days after receipt of the payment specified in this agreement, pay to each of its immediate subcontractors (or their respective assignees) the amounts to which they are entitle…
  • 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 28.103-4 Contract clause.
    … 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 bonds. The contracti…
  • FAR 28.203-4 Solicitation provision and contract clause.
    …e of Assets, in solicitations and contracts that require the submission of performance or payment bonds.
  • FAR 42.1204 Applicability of novation agreements.
    …he Transferor before the effective date of this Agreement (whether or not performance and payment have been completed and releases executed if the Government or the Transferor has any remaining rights, duties, or obligations under these con…
  • FAR 52.211-10 Commencement, Prosecution, and Completion of Work.
    …e failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.
  • FAR 52.222-50 Combating Trafficking in Persons.
    …the introductory text of this definition, is a recruitment fee, regardless of whether the payment is— (i) Paid in property or money; (ii) Deducted from wages; (iii) Paid back in wage or benefit concessions; (iv) Paid back as a kickback,…
  • 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 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 36.213-4 Notice of award.
    …ontractor's bid; (c) State the award price; (d) Advise the contractor that any required payment and performance bonds must be promptly executed and returned to the contracting officer; (e) Specify the date of commencement of work, or adv…
  • FAR 22.1702 Definitions.
    …the introductory text of this definition, is a recruitment fee, regardless of whether the payment is— (i) Paid in property or money; (ii) Deducted from wages; (iii) Paid back in wage or benefit concessions; (iv) Paid back as a kickback,…
  • 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 28.202 Acceptability of corporate sureties.
    …r 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 payment bonds. SF 275, Reinsurance Agreement in Favor of the United State…
  • 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 28.203-1 Acceptability of individual sureties.
    …dividual surety shall execute the bond (e.g., bid bond (SF 24), performance bond (SF 25), payment bond (SF 25A)). (2) The net adjusted value of unencumbered assets is their market value minus the margin. The margin tables are available at …

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.