FAR 28.102-2 Amount required

Subsection Federal Acquisition Regulation

Facts

Citation
FAR 28.102-2
Type
Subsection
Last amended
86 FR 3682 Effective Feb 16, 2021
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) Definition. As used in this subsection-

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Contracts exceeding $150,000-

(1) Performance bonds. Unless the contracting officer determines that a lesser amount is adequate for the protection of the Government, the penal amount of performance bonds must equal-

(i) 100 percent of the original contract price; and

(ii) If the contract price increases, an additional amount equal to 100 percent of the increase.

(2) Payment bonds.

(i) Unless the contracting officer makes a written determination supported by specific findings that a payment bond in this amount is impractical, the amount of the payment bond must equal-

(A) 100 percent of the original contract price; and

(B) If the contract price increases, an additional amount equal to 100 percent of the increase.

(ii) The amount of the payment bond must be no less than the amount of the performance bond.

(c) Contracts exceeding $35,000 but not exceeding $150,000. Unless the contracting officer determines that a lesser amount is adequate for the protection of the Government, the penal amount of the payment bond or the amount of alternative payment protection must equal-

(1) 100 percent of the original contract price; and

(2) If the contract price increases, an additional amount equal to 100 percent of the increase.

(d) Securing additional payment protection. If the contract price increases, the Government must secure any needed additional protection by directing the contractor to-

(1) Increase the penal sum of the existing bond;

(2) Obtain an additional bond; or

(3) Furnish additional alternative payment protection.

(e) Reducing amounts. The contracting officer may reduce the amount of security to support a bond, subject to the conditions of 28.203-3(c) or 28.204(b).

Federal Register history

Final rule Published Effective
Federal Acquisition Regulation: Individual Sureties 86 FR 3682 · FAC 2021-03
Federal Acquisition Regulation; Inflation Adjustment of Acquisition-Related Thresholds 80 FR 38293 · FAC 2005-83
Federal Acquisition Regulation; Positive Law Codification of Title 41 79 FR 24192 · FAC 2005-73
Federal Acquisition Regulation; Inflation Adjustment of Acquisition-Related Thresholds 75 FR 53129 · FAC 2005-45
Federal Acquisition Regulation; FAR Case 2004-033, Inflation Adjustment of Acquisition-Related Thresholds 71 FR 57363 · FAC 2005-13
Federal Acquisition Regulation; Construction Industry Payment Protection Act of 1999 65 FR 46069 · FAC 97-19

Proposed changes

Proposed rule Published Comments
Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 14, 28, 36, and 52 91 FR 59534 · FAR Case 2026-010, Docket No. FAR-2026-0010, Sequence No. 1 Closed Oct 19, 2026No final rule found

Sections cited

Terms defined

  • Original contract price

Quick answers

What is FAR 28.102-2?

FAR 28.102-2 is a subsection of the Federal Acquisition Regulation, titled "Amount required".

When was FAR 28.102-2 last changed?

The most recent final rule on record is "Federal Acquisition Regulation: Individual Sureties" (86 FR 3682), published Jan 14, 2021 and effective Feb 16, 2021.

Are changes to FAR 28.102-2 proposed?

One proposed change has no final rule yet.

On GovTribe

Follow the rules behind federal contracts

  • Search Federal Register rules and proposed rules for the FAR, DFARS and agency supplements
  • Solicitations, awards and government files in one search
  • Ask GovTribe AI about the rules that apply to a contract