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 | Closed Oct 19, 2026No final rule found |
Sections cited
- FAR Subpart 42.12 Novation and Change-of-Name Agreements
- FAR 28.204 Alternatives in lieu of corporate or individual sureties
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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