48 CFR §28.103-2
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Performance bonds may be required for contracts exceeding the simplified acquisition threshold when necessary to protect the Government's interest. The following situations may warrant a performance bond:
- (1)Government property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material).
- (2)A contractor sells assets to or merges with another concern, and the Government, after recognizing the latter concern as the successor in interest, desires assurance that it is financially capable.
- (3)Substantial progress payments are made before delivery of end items starts.
- (4)Contracts are for dismantling, demolition, or removal of improvements.
- (b)The Government may require additional performance bond protection when a contract price is increased.
- (c)The contracting officer must determine the contractor's responsibility (see subpart 9.1) even though a bond has been or can be obtained.