SpendQueryBeta

48 CFR · Federal Acquisition Regulation and Defense supplement

FAR and DFARS navigator

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.

Ask the FAR

Try: · · ·

Clear

59 sections with “performance and 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 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.
    …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. …
  • 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 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 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.…
  • 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…
  • 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 28.106-3 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 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 52.232-27 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.…
  • 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 28.103-3 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 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 52.211-10 Commencement, Prosecution, and Completion of Work.
    … results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.
  • FAR 52.228-14 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…
  • 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…
  • 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 28.103-4 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 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 32.410 Findings, determination, and authorization.
    …imbursement cycle. (3) The advance payments are necessary for prompt, efficient contract performance that will benefit the Government. (4) The proposed advance payment clause provides for security for the protection of the Government. The…
  • 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…
  • 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 4.803 Contents of contract files.
    …ord of any debriefing. (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 …
  • 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 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 28.102-3 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 28.103-1 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 28.203-4 Solicitation provision and contract clause.
    …al Surety—Pledge of Assets, in solicitations and contracts that require the submission of performance or payment bonds.
  • 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 28.204-4 Contract clause.
    …citations and contracts for services, supplies, or construction, when a bid guarantee, or performance bonds, or performance and payment bonds are required.
  • FAR 31.205-4 Bonding costs.
    …nstances where 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 allo…
  • 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 52.228-7 Insurance—Liability to Third Persons.
    … Officer, any other insurance that is maintained by the Contractor in connection with the performance of this contract and for which the Contractor seeks reimbursement. (c) The Contractor shall be reimbursed— (1) For that portion (i) of t…

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.