FAR 28.101-1 Policy on use
Subsection Federal Acquisition Regulation
Facts
- Citation
- FAR 28.101-1
- Type
- Subsection
- Proposed changes
- 1
- Text as of
- FAC 2026-01
- 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
(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 be required whenever a performance bond or a performance and payment bond is required.
(b) All types of bid guarantees are acceptable for supply or service contracts (see annual bid bonds and annual performance bonds coverage in 28.001). Only separate bid guarantees are acceptable in connection with construction contracts. Agencies may specify that only separate bid bonds are acceptable in connection with construction contracts.
(c) The chief of the contracting office may waive the requirement to obtain a bid guarantee when a performance bond or a performance and payment bond is required if it is determined that a bid guarantee is not in the best interest of the Government for a specific acquisition (e.g., overseas construction, emergency acquisitions, sole-source contracts). Class waivers may be authorized by the agency head or designee.
Proposed changes
| Proposed rule | Published | Comments |
|---|---|---|
| Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 14, 28, 36, and 52 | Closed Oct 19, 2026No final rule found |
Sections cited
- 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
- FAR 28.001 Definitions
Quick answers
What is FAR 28.101-1?
FAR 28.101-1 is a subsection of the Federal Acquisition Regulation, titled "Policy on use".
Are changes to FAR 28.101-1 proposed?
One proposed change has no final rule yet.
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