FAR 28.102-3 — Contract clauses
Regulatory text. Not legal advice.
(a)
(a) Insert a clause substantially the same as the clause at FAR 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 [FAR 28.102-2]. If the provision at FAR 52.228-1 is not included in the solicitation, the contracting officer must set a period of time for return of executed bonds.
(b)
(b) Insert the clause at FAR 52.228-13, Alternative Payment Protections, in solicitations and contracts for construction, when the estimated or actual value exceeds 150,000. Complete the clause by specifying the payment protections selected (see [FAR 28.102-1](1)) and the deadline for submission. The contracting officer may revise paragraph (b) of the clause to establish a lower percentage in accordance with [FAR 28.102-2].
Citation history: [48 FR 42286, Sept. 19, 1983, as amended at 61 FR 31652, June 20, 1996; 61 FR 39213, July 26, 1996; 62 FR 44806, Aug. 22, 1997; 65 FR 46070, July 26, 2000; 71 FR 57368, Sept. 28, 2006; 75 FR 53134, Aug. 30, 2010; 80 FR 38298, July 2, 2015]
Source: eCFR • Pulled 2026-04-16