FAR 28.203-4—Solicitation provision and contract clause.
Plain-English Summary
FAR 28.203-4 tells contracting officers which standard solicitation provision and contract clause to use when an individual surety is involved in a bid guarantee, performance bond, or payment bond. Specifically, it requires insertion of the provision at 52.228-17, Individual Surety—Pledge of Assets (Bid Guarantee), in solicitations that require a bid guarantee, and insertion of the clause at 52.228-11, Individual Surety—Pledge of Assets, in solicitations and contracts that require performance or payment bonds. The section exists to make sure the Government has a consistent, enforceable way to verify and document the assets pledged by an individual surety, rather than relying on informal assurances. In practice, this means the contracting officer must identify when a bond or bid guarantee will be backed by an individual surety and then include the correct FAR provision or clause in the solicitation and, where applicable, the resulting contract. For contractors, it means any proposed individual surety arrangement must comply with the prescribed pledge-of-assets requirements. For the Government, the section helps protect against inadequate or unsupported surety commitments and supports the enforceability of bond security.
Key Rules
Use 52.228-17 for bid guarantees
If the solicitation requires a bid guarantee and an individual surety will be used, the contracting officer must insert the provision at 52.228-17, Individual Surety—Pledge of Assets (Bid Guarantee). This provision governs the pledge-of-assets requirements tied to the bid guarantee stage.
Use 52.228-11 for bonds
If the solicitation and contract require performance or payment bonds, the contracting officer must insert the clause at 52.228-11, Individual Surety—Pledge of Assets. This clause applies to the bond security required after award and must be included in both the solicitation and the contract when applicable.
Trigger is the surety type
The section is triggered by the use of an individual surety, not by corporate surety arrangements. If the bond or guarantee is backed by an individual surety, the prescribed FAR text must be used to address the pledged assets.
Match the requirement to the instrument
The rule distinguishes between bid guarantees and performance/payment bonds. Contracting officers must select the correct FAR text based on whether the security is for bidding or for post-award performance and payment obligations.
Responsibilities
Contracting Officer
Determine whether the solicitation requires a bid guarantee or performance/payment bonds and whether an individual surety will be used. Insert the correct FAR provision or clause—52.228-17 for bid guarantees and 52.228-11 for performance/payment bonds—into the solicitation and, where required, the contract.
Contractor/Offeror
If proposing or providing an individual surety, ensure the surety’s pledged assets and supporting documentation comply with the applicable FAR provision or clause. Submit the required guarantee or bond security in the form and manner required by the solicitation.
Individual Surety
Pledge assets in accordance with the applicable FAR provision or clause and provide the documentation needed to support the pledge. Maintain the pledged assets as required so the Government can rely on the surety commitment.
Agency/Acquisition Team
Support the contracting officer by identifying bonding or bid guarantee requirements early in the acquisition planning process and ensuring the correct standard language is included in the solicitation package and contract file.
Practical Implications
This section is a drafting rule, so the main day-to-day task is making sure the right FAR text is inserted at the right time; missing it can create a defective solicitation or unenforceable bond documentation.
Contracting officers should verify whether the requirement is for a bid guarantee versus performance/payment bonds, because the required FAR text differs and using the wrong one can create compliance problems.
When an individual surety is involved, the Government needs more than a signature—it needs the pledged-assets framework required by the FAR clause or provision, along with proper documentation.
Contractors should expect closer scrutiny of individual surety arrangements than corporate surety bonds, especially regarding the sufficiency and documentation of pledged assets.
A common pitfall is assuming all bond security is treated the same; this section specifically separates bid-stage guarantees from post-award bond requirements and ties each to a different FAR prescription.
Official Regulatory Text
(a) Insert the provision at 52.228-17 , Individual Surety—Pledge of Assets (Bid Guarantee), in solicitations that require the submission of a bid guarantee. (b) Insert the clause at 52.228-11 , Individual Surety—Pledge of Assets, in solicitations and contracts that require the submission of performance or payment bonds.