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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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49 sections with “surety”: the first 40

  • FAR 28.106-5 Consent of surety.
    (a) When any contract is modified, the contracting officer shall obtain the consent of surety if— (1) An additional bond is obtained from other than the original surety; (2) No additional bond is required and— (i) The modification is for…
  • 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 49.404 Surety-takeover agreements.
    … not solely, to fixed-price construction contracts terminated for default. (b) Since the surety is liable for damages resulting from the contractor's default, the surety has certain rights and interests in the completion of the contract wo…
  • FAR 52.228-11 Individual Surety—Pledge of Assets.
    As prescribed in 28.203-4(b), insert the following clause: Individual Surety—Pledge of Assets (FEB 2021) (a) The Contractor shall obtain from each person acting as an individual surety on a performance bond or a payment bond— (1) A pledg…
  • FAR 52.228-17 Individual Surety—Pledge of Assets (Bid Guarantee).
    As prescribed in 28.203-4(a), insert the following provision: Individual Surety—Pledge of Assets (Bid Guarantee) (FEB 2021) (a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee— (1) A pledge of ass…
  • 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…
  • FAR 2.101 Definitions.
    …for and obligate another, as specified in the instrument creating the power; in corporate suretyship, an instrument under seal that appoints an attorney-in-fact to act in behalf of a surety company in signing bonds (see also “attorney-in-fa…
  • FAR 28.001 Definitions.
    … underwriter, or any other company or individual holding a power of attorney granted by a surety (see also power of attorney at 2.101). Bid means any response to a solicitation, including a proposal under a negotiated acquisition. See the …
  • FAR 28.101-3 Authority of an attorney-in-fact for 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 such authority. (c) For purposes of…
  • FAR 28.202 Acceptability of corporate sureties.
    …Acceptable Reinsuring Companies.” (2) The penal amount of the bond should not exceed the surety's underwriting limit stated in the Treasury Department Circular 570. If the penal amount exceeds the underwriting limit, the bond will be accep…
  • 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.
    …al counsel, the contracting officer shall release the security interest on the individual surety's assets using the Optional Form 91, Release of Personal Property from Escrow, or a similar release as soon as possible consistent with the con…
  • 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 49.402-3 Procedure for default.
    …ult appears imminent, the contracting officer shall provide a written notification to the surety. If the contractor is subsequently terminated for default, a copy of the notice of default shall be sent to the surety. (3) If requested by th…
  • FAR 28.106-1 Bonds and bond related forms.
    …cept 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 Bond (see 28.101). (b) SF 25, …
  • FAR 28.106-3 Additional bond and security.
    …n 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 local repro…
  • 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 28.106-7 Withholding contract payments.
    …f, after completion of the contract work, the Government receives written notice from the surety regarding the contractor's failure to meet its obligation to its subcontractors or suppliers, the contracting officer shall withhold final paym…
  • FAR 28.204 Alternatives in lieu of corporate or individual sureties.
    …ypes 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 deposited, a statement shall be incorporated in the bond form pledging the security in li…
  • FAR 32.202-4 Security for Government financing.
    …curity. For the purpose of applying the guidance in part 28 to this subsection, the term “surety” and/or “individual surety” should be interpreted to mean “offeror” and/or “contractor.” (d) Other forms of security. Other acceptable forms o…
  • FAR 49.406 Liquidation of liability.
    The contract provides that the contractor and the surety are liable to the Government for resultant damages. The contracting officer shall use all retained percentages of progress payments previously made to the contractor and any progress …
  • FAR 53.228 Bonds and insurance.
    …rms 24, 25 and 25A. (See 28.106-1(c).) (e) SF 28 (Rev. FEB 2021) Affidavit of Individual Surety. (See 28.106-1(e) and 28.203-1(b)(3).) (f) SF 34 (Rev 8/2016) Annual Bid Bond. (See 28.106-1(f).) (g) SF 35 (Rev. 8/2016) Annual Performance …
  • DFARS 228.102-70 Defense Environmental Restoration Program construction contracts.
    …or the exclusive use of, the obligee named in the bond; (b) In the event of default, the surety's liability on the performance bond is limited to the cost of completion of the contract work, less the balance of unexpended funds. Under no c…
  • DFARS 252.217-7008 Bonds.
    …icer may nevertheless require a performance and payment bond, in form, amount, and with a surety acceptable to the Contracting Officer. Where performance and payment bond is required, the offer price shall be increased upon the award of the…
  • FAR 28.203-4 Solicitation provision and contract clause.
    (a) Insert the provision at 52.228-17, Individual Surety—Pledge of Assets (Bid Guarantee), in solicitations that require the submission of a bid guarantee. (b) Insert the clause at 52.228-11, Individual Surety—Pledge of Assets, in solicita…
  • FAR 52.228-2 Additional Bond Security.
    … the Government and persons supplying labor or materials under this contract if— (a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government; (b) A…
  • FAR 52.228-15 Performance and Payment Bonds—Construction.
    …erwise specified by the Contracting Officer, but in any event, before starting work. (d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list …
  • FAR 52.232-12 Advance Payments.
    … of the United States; (6) Make any advance or loan or incur any liability as guarantor, surety, or accommodation endorser for any party; (7) Permit a writ of attachment or any similar process to be issued against its property without get…
  • DFARS 232.805 Procedure.
    … to the assignee; and (D) Advise the contracting officer of the assignment. (ii) To the surety or sureties, if any, a true copy of the instrument of assignment and an original and three copies of the notice of assignment. The surety shall…
  • FAR 4.803 Contents of contract files.
    …ormation. (7) Consent to subcontract or purchase. (8) Performance and payment bonds and surety information. (9) Postaward conference records. (10) Orders issued under the contract. (11) Notice to proceed and stop orders. (12) Insuranc…
  • FAR 19.202-1 Encouraging small business participation in acquisitions.
    …e small business concern may perform the work, if the work exceeds the amount for which a surety may be guaranteed by SBA against loss under 15 U.S.C. 694b (see definition of “Applicable Statutory Limit” at 13 CFR 115.10). (c) Ensure that …
  • FAR 22.1802 Policy.
    …or local government or the government of a Federally recognized Indian tribe; or (iii) A surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond; (3) Use E-Verify to verify employment…
  • FAR 28.201 Requirements for security.
    …ureties by 28.204. (b) Solicitations shall not preclude offerors from using the types of surety or other security permitted by this subpart, unless prohibited by law or regulation.
  • FAR 28.203-2 Substitution of assets.
    An individual surety may request the Government to accept a substitute asset for that currently pledged by submitting a written request, including a revised SF 28, to the responsible contracting officer. Following the requirements set forth…
  • FAR 28.204-1 United States bonds or notes.
    …rson required to furnish a bond to the Government has the option, instead 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 …
  • FAR 28.204-2 Certified or cashiers checks, bank drafts, money orders, or currency.
    …rder, or currency, in an amount equal to the penal sum of the bond, instead of furnishing surety or sureties on the bonds. Those furnishing checks, drafts, or money orders shall draw them to the order of the appropriate Federal agency.
  • FAR 32.802 Conditions.
    …py of the assignment instrument to the— (1) Contracting officer or the agency head; (2) Surety on any bond applicable to the contract; and (3) Disbursing officer designated in the contract to make payment.
  • FAR 49.102 Notice of termination.
    …and a copy to the contract administration office and to any known assignee, guarantor, or surety of the contractor. (c) Amendment of termination notice. The contracting officer may amend a termination notice to— (1) Correct nonsubstantive…
  • FAR 49.402-4 Procedure in lieu of termination for default.
    …ermination for default when in the Government's interest: (a) Permit the contractor, the surety, or the guarantor, to continue performance of the contract under a revised delivery schedule. (b) Permit the contractor to continue performanc…
  • FAR 49.405 Completion by another contractor.
    If the surety does not arrange for completion of the contract, the contracting officer normally will arrange for completion of the work by awarding a new contract based on the same plans and specifications. The new contract may be the resul…

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.