Subpart 528.1 - Bonds and Other Financial Protections
528.101 Bid guarantees.
528.101-1 Policy on use.
-
(a) Construction contracts. The bid guarantee requirements in FAR 28.101-1(a) apply to contracts over $150,000awarded under Section 8(a)of the Small Business Act, as amended (15 U.S.C. 637(a)).
-
(b) Building service contracts. The contracting officer may require bid guarantees for building service contracts over $150,000 if it is determined under 528.103-2 that a performance bond is essential to protect the Government’s interest.
-
(c) All other contracts. Refer to FAR 28.101 for guidance on the use of bid guarantees.
528.102 Performance and payment bonds and alternative payment protections for construction contracts.
528.102-1 General.
-
(a) The performance and payment bond requirements in FAR 28.102-1 a apply to contracts over $150,000 awarded under Section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).
-
(b) The payment protection requirements in FAR 28.102-1(b) apply to contracts greater than $35,000, but not greater than the $150,000, awarded under Section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).
528.103 Performance and payment bonds for other than construction contracts.
528.103-2 Performance bonds.
-
(a) The contracting officer shall not require performance bonds for building service contracts unless a written determination is made explaining why the bond is essential to protect the Government’s interest and justifying the additional cost of the bonding requirement.
-
(b) The contracting officer may require a performance bond for building service contracts over $150,000 awarded under Section 8(a) of the Small Business Act as amended (15 U.S.C. 637(a)) if it is determined under 528.103-2(a) that a performance bond is essential to protect the Government's interest.
-
(c) The contracting officer shall not require a performance bond for building service contracts awarded to workshops for the blind or other severely handicapped under the Javits-Wagner-O’Day Act, as amended (41 U.S.C. 8501-8506)
-
(d) Consider the circumstances and determine the penal amount of the performance bond on a case-by-case basis.
528.103-3 Payment bonds.
-
(a) The contracting officer may require payment bonds for other than construction contracts if the contracting director determines, under FAR 28.103-3, that such a requirement is in the Government’s interest.
-
(b) Consider the circumstances and determine the penal amount of the payment bond on a case-by-case basis.
528.106 Administration.
528.106-6 Furnishing information.
The HCA or designee performs the functions outlined in FAR 28.106‑6(c).