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
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 28.203-3(c) Release of security interest
- FAR 28.204(b) Alternatives in lieu of corporate or individual sureties
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.
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