Amount required.

FederalRegulations

Ask Donna

How this section applies to your facts.

Title 48 CFR: Federal Acquisition Regulations System › Chapter 1 › Part 28 › Subpart 28.1 › § 28.102-2: Amount required.

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

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

ce 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). [65 FR 46070, July 26, 2000, as amended at 71 FR 57368, Sept. 28, 2006; 75 FR 53134, Aug. 30, 2010; 79 FR 24210, Apr. 29, 2014; 80 FR 38298, July 2, 2015; 86 FR 3684, Jan. 14, 2021]

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.