FAR 28.106-5—Consent of surety.
Plain-English Summary
FAR 28.106-5 tells contracting officers when they must get a surety’s written consent before modifying a bonded contract, and when that consent is not needed. It covers three main situations: adding a bond from a surety other than the original surety, making a modification without requiring an additional bond when the change is either new work outside the original scope or a price change over the stated threshold, and obtaining consent in connection with a novation agreement under FAR subpart 42.12. It also creates an exception for contracts secured by other forms of security listed in FAR 28.204, where consent of surety is not required for the kinds of modifications described in paragraph (a). Finally, it requires agencies to use Standard Form 1414, Consent of Surety, for all types of contracts. In practice, this section protects the Government’s bond rights, prevents unintended release or impairment of the surety’s obligations, and forces contracting officers to check bonding implications before issuing certain contract changes.
Key Rules
Consent required for certain changes
The contracting officer must obtain the surety’s consent when a contract modification falls into one of the listed categories. This rule applies before the modification is finalized, because the change may affect the surety’s risk or obligations.
New bond from different surety
If an additional bond is obtained from a surety other than the original surety, the contracting officer must obtain consent of surety. This prevents conflicts between sureties and ensures the original surety’s position is addressed when the bonding arrangement changes.
No additional bond, but major change
If no additional bond is required, consent is still required when the modification adds new work beyond the original scope or when the contract price changes upward or downward by more than 25 percent or $50,000. The rule treats both scope changes and significant price changes as material enough to affect surety interests.
Novation agreements
Consent of surety is required for a novation agreement under FAR subpart 42.12. Because novation changes the party responsible for performance, the surety’s agreement is needed to protect the Government’s and surety’s rights.
Exception for other security
When the contract is secured by one of the alternative forms of security listed in FAR 28.204, consent of surety is not required for modifications described in paragraph (a). This means the consent requirement is tied to surety-backed bonds, not to every form of contract security.
Use SF 1414
Agencies must use Standard Form 1414, Consent of Surety, for all types of contracts. This standardizes documentation and creates a consistent record that the surety agreed to the modification or related action.
Responsibilities
Contracting Officer
Determine whether a proposed contract modification triggers the consent-of-surety requirement; obtain the surety’s written consent before proceeding when required; use SF 1414 to document the consent; and recognize when the alternative-security exception applies.
Surety
Review the proposed modification, novation, or bonding change and provide written consent when the Government seeks to alter a bonded contract in a way covered by this section.
Agency
Ensure contracting personnel use SF 1414 and follow the consent rules consistently across contract types; maintain procedures that identify when surety consent is needed before modifications are issued.
Contractor
Notify the contracting officer of bonding changes, novation issues, or proposed modifications that may affect surety obligations; coordinate with the surety to secure consent when required.
Practical Implications
Before issuing a modification, the contracting officer should check both the scope of work and the dollar impact; a change that seems routine may still require surety consent if it is outside scope or exceeds the threshold.
The 25 percent or $50,000 test is a trigger for consent even when the scope does not change, so price-only modifications can still create bonding issues.
Novations are a special risk area because they change the responsible contractor; failing to obtain surety consent can complicate enforcement of bond rights and later claims.
If the contract uses an alternative form of security under FAR 28.204, do not assume the same consent process applies; confirm whether paragraph (b) removes the need for surety consent.
Using SF 1414 consistently helps create a clear administrative record and reduces disputes about whether the surety agreed to the modification.
Official Regulatory Text
(a) When any contract is modified, the contracting officer shall obtain the consent of surety if- (1) An additional bond is obtained from other than the original surety; (2) No additional bond is required and- (i) The modification is for new work beyond the scope of the original contract; or (ii) The modification does not change the contract scope but changes the contract price (upward or downward) by more than 25 percent or $50,000; or (3) Consent of surety is required for a novation agreement (see subpart 42.12 ). (b) When a contract for which performance or payment is secured by any of the types of security listed in 28.204 is modified as described in paragraph (a) of this subsection, no consent of surety is required. (c) Agencies shall use Standard Form 1414 , Consent of Surety, for all types of contracts.