FAR 28.203-5 Exclusion of individual sureties
Subsection Federal Acquisition Regulation
Facts
- Citation
- FAR 28.203-5
- 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) An individual may be excluded from acting as a surety on bonds submitted by offerors on procurement by the executive branch of the Federal Government, by the acquiring agency's head or designee utilizing the procedures in subpart 9.4. The exclusion shall be for the purpose of protecting the Government.
(b) An individual may be excluded for any of the following causes:
(1) Failure to fulfill the obligations under any bond.
(2) Failure to disclose all bond obligations.
(3) Misrepresentation of the value of available assets or outstanding liabilities.
(4) Any false or misleading statement, signature or representation on a bond or affidavit of individual suretyship.
(5) Any other cause affecting responsibility as a surety of such serious and compelling nature as may be determined to warrant exclusion.
(c) An individual surety excluded pursuant to this section shall be entered as an exclusion in the System for Award Management (see 9.404).
(d) Contracting officers shall not accept the bonds of individual sureties whose names appear in an active exclusion record in the System for Award Management (see 9.404) unless the acquiring agency's head or a designee states in writing the compelling reasons justifying acceptance.
(e) An exclusion of an individual surety under this section will also preclude such party from acting as a contractor in accordance with subpart 9.4.
Federal Register history
| Final rule | Published | Effective |
|---|---|---|
| Federal Acquisition Regulation: Individual Sureties | ||
| Federal Acquisition Regulation; Positive Law Codification of Title 41 |
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 9.4 Debarment, Suspension, and Ineligibility
- FAR 9.404 Exclusions in the System for Award Management
Quick answers
What is FAR 28.203-5?
FAR 28.203-5 is a subsection of the Federal Acquisition Regulation, titled "Exclusion of individual sureties".
When was FAR 28.203-5 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 28.203-5 proposed?
One proposed change has no final rule yet.
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