FAR 28.106-6—Furnishing information.
Plain-English Summary
FAR 28.106-6 explains when and how the Government may or must share bond-related information on a contract. It covers four related topics: information the surety may request about contract progress, payments, and estimated completion; information the contracting officer must provide to subcontractors and suppliers when a payment bond exists; the requirement to furnish certified copies of the bond and contract to certain requesters who submit an affidavit showing unpaid labor/materials or a lawsuit on the bond; and a separate statutory rule requiring prompt disclosure of payment-bond information to subcontractors and prospective subcontractors on contracts other than commercial products or commercial services. In practice, this section helps protect sureties, subcontractors, and suppliers by giving them access to information they need to assess risk, pursue payment, or decide whether to extend credit or continue performance. It also limits disclosure to the categories authorized by law and allows reasonable fees for copying or preparation in some cases. For contracting officers, the section creates both mandatory disclosure duties and practical recordkeeping/response obligations whenever a bond-related request is received.
Key Rules
Surety may request progress data
Upon written request from the surety, the Government may furnish information on work progress, payments, and estimated percentage of completion for the bonded contract. This is permissive disclosure intended to help the surety monitor risk and performance.
Payment bond request disclosures
When a payment bond has been provided, the contracting officer must, upon request, give a subcontractor or supplier the name and address of the surety or sureties. The same subsection also allows general information about work progress, payments, and estimated completion to be shared with unpaid labor or material providers.
Certified copy for unpaid claimants
If a payment bond exists, the head of the agency or designee must furnish a certified copy of the bond and the related contract to a requester who submits an affidavit stating that labor or materials were supplied and not paid for, or that the requester is being sued on the bond. The requester may be charged reasonable preparation costs.
Special rule for noncommercial contracts
For contracts other than commercial products or commercial services, the contracting officer must promptly provide payment-bond information to a subcontractor, supplier, or prospective subcontractor/supplier upon written or oral request. The required information includes the surety name and address, the penal amount of the bond, and a copy of the bond, with reasonable copying fees allowed.
Prompt and appropriate response
The section requires timely disclosure once a valid request is made. Depending on the request and the type of information sought, the response may be oral or written, but the contracting officer must act promptly and provide only the information authorized by the rule.
Responsibilities
Surety
May submit a written request for information on contract progress, payments, and estimated percentage of completion. The surety uses this information to monitor the bonded contract and assess exposure.
Contracting Officer
Must furnish the surety-requested information when properly requested; must provide the name and address of the surety or sureties to subcontractors or suppliers when a payment bond exists; and must promptly provide bond information to subcontractors, suppliers, or prospective subcontractors/suppliers on covered noncommercial contracts upon oral or written request.
Head of Agency or Designee
Must furnish a certified copy of the bond and the contract to a requester who submits the required affidavit showing unpaid labor/materials or a lawsuit on the bond, and may set reasonable and appropriate preparation costs.
Subcontractor or Supplier
May request the surety’s name and address when a payment bond exists and may seek general progress/payment information if unpaid. For certified copies, must provide the required affidavit showing unpaid labor/materials or that the requester is being sued on the bond.
Prospective Subcontractor or Supplier
On contracts other than commercial products or commercial services, may request payment-bond information and receive the surety name/address, bond penal amount, and a copy of the bond from the contracting officer.
Agency
Must support disclosure procedures, ensure requests are handled by the proper official, and may charge reasonable fees for copying or preparation where the rule permits.
Practical Implications
Contracting officers should have a quick process for verifying whether a payment bond exists and for identifying who is authorized to release bond information, because requests may come from sureties, unpaid suppliers, or prospective subcontractors.
A common pitfall is over-disclosing or under-disclosing: the rule authorizes specific bond-related information, not unlimited contract files, so responses should stay within the permitted categories.
For certified copies under subsection (c), the affidavit requirement matters; without it, the agency generally should not release the certified bond and contract copy under that provision.
The commercial-products/commercial-services distinction is important because the special prompt-disclosure rule in subsection (d) applies only to contracts other than those categories.
Reasonable fees may be charged for copying or preparation, but the agency should ensure the fee is actually reasonable and documented to avoid disputes or delays.
Because the rule uses both mandatory and permissive language, staff should distinguish between disclosures that must be made and those that may be made at the agency’s discretion or upon proper request.
Official Regulatory Text
(a) The surety on the bond, upon its written request, may be furnished information on the progress of the work, payments, and the estimated percentage of completion, concerning the contract for which the bond was furnished. (b) When a payment bond has been provided, the contracting officer shall, upon request, furnish the name and address of the surety or sureties to any subcontractor or supplier who has furnished or been requested to furnish labor or material for the contract. In addition, general information concerning the work progress, payments, and the estimated percentage of completion may be furnished to persons who have provided labor or materials and have not been paid. (c) When a payment bond has been provided for a contract, the head of the agency or designee shall furnish a certified copy of the bond and the contract for which it was given to any person who makes a request therefor and who furnishes an affidavit that the requestor has supplied labor or materials for such work and payment therefor has not been made or that the requestor is being sued on such bond. The person who makes the request shall be required to pay such costs of preparation as determined by the head of the agency or designee to be reasonable and appropriate (see 40 U.S.C. 3133 ). (d) Section 806(a)(2) of Public Law 102-190, as amended by sections 2091 and 8105 of Public Law 103-355 ( 10 U.S.C. 4601 note prec.), requires that the Federal Government provide information to subcontractors on payment bonds under contracts for other than commercial products or commercial services as defined in subpart 2.1 . Upon the written or oral request of a subcontractor/supplier, or prospective subcontractor/supplier, under a contract with respect to which a payment bond has been furnished pursuant to the Bonds statute, the contracting officer shall promptly provide to the requester, either orally or in writing, as appropriate, any of the following: (1) Name and address of the surety or sureties on the payment bond. (2) Penal amount of the payment bond. (3) Copy of the payment bond. The contracting officer may impose reasonable fees to cover the cost of copying and providing a copy of the payment bond.