DFARS 228.102-70 Defense Environmental Restoration Program construction contracts
Subsection Defense Federal Acquisition Regulation Supplement
Facts
- Citation
- DFARS 228.102-70
- Type
- Subsection
- Supplements
- FAR 28.102 Performance and payment bonds and alternative payment protections for construction contracts
- Last amended
- 68 FR 36944 Published Jun 20, 2003
- Text as of
- DFARS Change May 7, 2026
- Official text
- acquisition.gov
Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this subsection.
Text
For Defense Environmental Restoration Program construction contracts entered into pursuant to 10 U.S.C. 2701—
(a) Any rights of action under the performance bond shall only accrue to, and be for 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 circumstances shall the liability exceed the penal sum of the bond;
(c) The surety shall not be liable for indemnification or compensation of the obligee for loss or liability arising from personal injury or property damage, even if the injury or damage was caused by a breach of the bonded contract; and
(d) Once it has taken action to meet its obligations under the bond, the surety is entitled to any indemnification and identical standard of liability to which the contractor was entitled under the contract or applicable laws and regulations.
Federal Register history
| Final rule | Published | Effective |
|---|---|---|
| Defense Federal Acquisition Regulation Supplement; Payment Bonds on Cost-Reimbursement Contracts | Not on record |
Quick answers
What is DFARS 228.102-70?
DFARS 228.102-70 is a subsection of the Defense Federal Acquisition Regulation Supplement, titled "Defense Environmental Restoration Program construction contracts".
When was DFARS 228.102-70 last changed?
The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement; Payment Bonds on Cost-Reimbursement Contracts" (68 FR 36944), published Jun 20, 2003.
Are changes to DFARS 228.102-70 proposed?
No proposed rule from the last 3 years is waiting on a final rule.
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