FAR 28.106-5 Consent of surety

Subsection Federal Acquisition Regulation

Facts

Citation
FAR 28.106-5
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) When any contract is modified, the contracting officer shall obtain the consent of surety if-

(1) An additional bond is obtained from other than the original surety;

(2) No additional bond is required and-

(i) The modification is for new work beyond the scope of the original contract; or

(ii) The modification does not change the contract scope but changes the contract price (upward or downward) by more than 25 percent or $50,000; or

(3) Consent of surety is required for a novation agreement (see subpart 42.12).

(b) When a contract for which performance or payment is secured by any of the types of security listed in 28.204 is modified as described in paragraph (a) of this subsection, no consent of surety is required.

(c) Agencies shall use Standard Form 1414, Consent of Surety, for all types of contracts.

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 28.106-5?

FAR 28.106-5 is a subsection of the Federal Acquisition Regulation, titled "Consent of surety".

Are changes to FAR 28.106-5 proposed?

One proposed change has no final rule yet.

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