FAR 28.311-2—Agency solicitation provisions and contract clauses.
Plain-English Summary
FAR 28.311-2 is a short but important delegation provision in the surety and bonds area of FAR subpart 28.3. It addresses one topic: the ability of agencies to write their own solicitation provisions and contract clauses to carry out the basic policies in subpart 28.3, which covers surety and other security for construction and related contracting requirements. In practice, this means the FAR does not provide a single mandatory governmentwide clause set for every situation in this area; instead, agencies may tailor their own provisions and clauses so long as they implement the underlying FAR policy. The section matters because it gives agencies flexibility to address program-specific, statutory, or operational needs while still staying aligned with the FAR framework. For contractors, it means solicitation and contract language may vary by agency, so they must read each procurement carefully rather than assuming a standard clause package. For contracting officers and acquisition personnel, it signals that any agency-specific language must be consistent with the basic policies of subpart 28.3 and should be used deliberately, not casually.
Key Rules
Agency clause authority
Agencies are permitted to prescribe their own solicitation provisions and contract clauses for this area. This authority is discretionary, not a requirement to create unique language in every procurement.
Must implement FAR policy
Any agency-specific provisions or clauses must implement the basic policies contained in FAR subpart 28.3. Agencies cannot use this authority to create language that conflicts with, weakens, or bypasses the subpart’s core requirements.
Applies to solicitations and contracts
The authority covers both solicitation provisions and contract clauses. Agencies may therefore address surety-related requirements at the pre-award stage and in the resulting contract terms.
Agency-level tailoring allowed
The section allows agencies to tailor language to their own needs, but only within the framework of the FAR’s basic policy. This supports mission-specific administration while preserving regulatory consistency.
Responsibilities
Agency
May develop and prescribe its own solicitation provisions and contract clauses for subpart 28.3 matters, but must ensure the language implements the basic policies of that subpart and remains consistent with the FAR.
Contracting Officer
Must use only agency-approved provisions and clauses, apply them consistently with subpart 28.3, and ensure the solicitation and contract language accurately reflects the agency’s intended implementation of the FAR policy.
Contractor
Must review the specific solicitation and contract language issued by the agency, because requirements may differ from one agency to another even when they address the same subpart 28.3 subject matter.
Practical Implications
Do not assume a standard governmentwide clause will appear in every procurement; agencies may use their own language.
Contractors should compare the solicitation carefully against the contract clauses, because agency-specific wording can affect bonding or other surety obligations.
Contracting officers should verify that any custom clause truly implements subpart 28.3 policy and does not create inconsistent or unauthorized requirements.
This section is a flexibility provision, so the main compliance risk is not omission of detail but drafting language that conflicts with the FAR framework.
Because the rule is brief, the real substance comes from the underlying subpart 28.3 policies; users must read this section together with the rest of the subpart.
Official Regulatory Text
Agencies may prescribe their own solicitation provisions and contract clauses to implement the basic policies contained in this subpart 28.3 .