FAR 28.102-3 Contract clauses

Subsection Federal Acquisition Regulation

Facts

Citation
FAR 28.102-3
Type
Subsection
Last amended
80 FR 38293 Effective Oct 1, 2015
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) Insert a clause substantially the same as the clause at 52.228-15, Performance and Payment Bonds-Construction, in solicitations and contracts for construction that contain a requirement for performance and payment bonds if the resultant contract is expected to exceed $150,000. The contracting officer may revise paragraphs (b)(1) and/or (b)(2) of the clause to establish a lower percentage in accordance with 28.102-2(b). If the provision at 52.228-1 is not included in the solicitation, the contracting officer must set a period of time for return of executed bonds.

(b) Insert the clause at 52.228-13, Alternative Payment Protections, in solicitations and contracts for construction, when the estimated or actual value exceeds $35,000 but does not exceed $150,000. Complete the clause by specifying the payment protections selected (see 28.102-1(b)(1)) and the deadline for submission. The contracting officer may revise paragraph (b) of the clause to establish a lower percentage in accordance with 28.102-2(c).

Federal Register history

Final rule Published Effective
Federal Acquisition Regulation; Inflation Adjustment of Acquisition-Related Thresholds 80 FR 38293 · FAC 2005-83
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

Quick answers

What is FAR 28.102-3?

FAR 28.102-3 is a subsection of the Federal Acquisition Regulation, titled "Contract clauses".

When was FAR 28.102-3 last changed?

The most recent final rule on record is "Federal Acquisition Regulation; Inflation Adjustment of Acquisition-Related Thresholds" (80 FR 38293), published Jul 2, 2015 and effective Oct 1, 2015.

Are changes to FAR 28.102-3 proposed?

One proposed change has no final rule yet.

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