FAR 28.100—Scope of subpart.
Plain-English Summary
FAR 28.100 is the scope statement for FAR Subpart 28.1, and it tells readers what this subpart governs: the use of bonds, alternative payment protections, and all types of bid guarantees. In practice, this means the subpart is the starting point for understanding when and how the Government may require or accept surety bonds, other payment-protection arrangements in place of bonds, and bid security used in connection with sealed bidding or other solicitations. The section does not itself set out the detailed rules for each instrument; instead, it frames the coverage of the subpart and signals that the operative requirements and procedures appear in the later sections. For contracting officers, it is a reminder to look to this subpart whenever a procurement involves construction or other situations where payment protection or bid security may be needed. For contractors and sureties, it identifies the universe of protections and guarantees that may affect proposal submission, award eligibility, and contract performance.
Key Rules
Subpart covers bonds
This subpart prescribes the requirements and procedures for using bonds. That includes the Government’s rules for when bonds are relevant and how they are handled under the subpart.
Alternative payment protections included
The subpart also covers alternative payment protections, meaning non-bond mechanisms that serve a payment-protection function. The section makes clear that these alternatives are part of the same regulatory framework.
All bid guarantees covered
All types of bid guarantees fall within the subpart’s scope. This means the subpart applies broadly to bid security arrangements, not just one specific form.
Scope only, not detailed rules
FAR 28.100 is a scope provision, so it identifies the subject matter of the subpart rather than providing the full operational requirements. Users must consult the later sections of Subpart 28.1 for the specific procedures and standards.
Responsibilities
Contracting Officer
Recognize when a procurement implicates bonds, alternative payment protections, or bid guarantees, and apply the requirements and procedures in this subpart as the governing framework.
Contractor
Understand that solicitations or contracts may require bonds, alternative payment protections, or bid guarantees, and be prepared to comply with the applicable requirements in the subpart.
Surety or Other Security Provider
Provide the bond, alternative payment protection, or bid guarantee instrument required under the procurement, consistent with the subpart’s procedures and any solicitation terms.
Agency
Use the subpart as the regulatory basis for establishing and administering requirements related to bonds, alternative payment protections, and bid guarantees.
Practical Implications
This section is a roadmap: it tells users that if a procurement involves payment security or bid security, Subpart 28.1 is the place to look next.
A common pitfall is treating FAR 28.100 as if it contains the substantive bond rules; it does not, so the detailed requirements must be found in the later provisions of the subpart.
Contracting officers should use this scope statement to confirm whether a solicitation’s security requirements are within the subpart’s coverage before drafting or enforcing them.
Contractors should read this as a warning that bid guarantees and payment-protection requirements may affect responsiveness, responsibility, or award eligibility depending on the procurement.
Because the section is broad, parties should not assume only traditional surety bonds are covered; alternative payment protections and all bid guarantee types are included as well.
Official Regulatory Text
This subpart prescribes requirements and procedures for the use of bonds, alternative payment protections, and all types of bid guarantees.