FAR 52.228-12—Prospective Subcontractor Requests for Bonds.
Plain-English Summary
FAR 52.228-12, Prospective Subcontractor Requests for Bonds, addresses a narrow but important transparency requirement in federal construction contracting: when a payment bond has been furnished to the Government for the contract, the prime contractor must provide a copy of that bond to a prospective subcontractor or supplier who asks for it. The clause implements statutory policy intended to help lower-tier firms decide whether to extend labor or materials on credit by letting them verify that a payment bond exists. It applies only when the contract is one for which a payment bond has been furnished under the Miller Act bond framework in 40 U.S.C. chapter 31, subchapter III, and it is triggered by a request from a prospective subcontractor or supplier offering to furnish labor or material for the contract’s performance. In practice, the clause reduces uncertainty for subcontractors and suppliers, supports payment protection on bonded projects, and creates a clear administrative duty for the prime contractor to respond promptly. It does not itself create the bond requirement; rather, it governs access to the bond information once the bond is already in place. The clause is especially relevant on construction and other covered projects where payment bond rights and downstream credit decisions matter.
Key Rules
Applies only to bonded contracts
The clause operates only when a payment bond has been furnished to the Government for the contract under the applicable bond statute. If no payment bond exists, this clause does not create a duty to provide one.
Request must come from a prospective lower-tier firm
The requester must be a prospective subcontractor or supplier offering to furnish labor or material for performance of the contract. The clause is aimed at firms considering participation in the project, not at unrelated third parties.
Prime contractor must provide the bond copy
Upon request, the contractor is required to provide a copy of the payment bond. The obligation is mandatory, not discretionary, once the clause is in the contract and the request meets the clause’s conditions.
Response must be prompt
The contractor must act promptly after receiving the request. The clause does not define a specific number of days, so the contractor should respond without unnecessary delay and in a commercially reasonable time.
Purpose is payment protection transparency
The clause exists to help prospective subcontractors and suppliers assess whether payment protection is available before they commit labor or materials. It supports informed business decisions and reduces the risk of unpaid lower-tier performance.
Responsibilities
Contracting Officer
Include the clause when prescribed by FAR 28.106-4(b) and ensure the contract is one in which a payment bond is furnished under the applicable bond requirements.
Contractor
Maintain access to the payment bond and promptly provide a copy to any prospective subcontractor or supplier who requests it and is offering to furnish labor or material for the contract.
Prospective Subcontractor or Supplier
Make a request for the bond if needed to evaluate participation, and be a prospective participant offering to furnish labor or material for performance of the contract.
Agency
Administer the contract framework that requires the bond and support compliance with the clause through proper solicitation and contract administration practices.
Practical Implications
Prime contractors should have a process for quickly locating and transmitting the payment bond, because delays can affect subcontractor and supplier decisions and may create compliance issues.
Subcontractors and suppliers should use this clause as a due-diligence tool before extending credit or mobilizing labor and materials on a project.
The clause is about providing a copy of the payment bond, not negotiating bond terms or expanding bond coverage; parties should not assume it changes substantive bond rights.
Because the clause uses the word promptly rather than a fixed deadline, contractors should avoid informal delays, internal routing bottlenecks, or requests for unnecessary justification.
Contracting officers should ensure the clause is included when required, since omission can create confusion about access to bond information on covered projects.
Official Regulatory Text
As prescribed in 28.106-4 (b) , use the following clause: Prospective Subcontractor Requests for Bonds (Dec 2022) In accordance with section 806(a)(3) of Pub. L. 102-190, as amended by sections 2091 and 8105 of Pub. L. 103-355 ( 10 U.S.C. 4601 note prec.), upon the request of a prospective subcontractor or supplier offering to furnish labor or material for the performance of this contract for which a payment bond has been furnished to the Government pursuant to 40 U.S.C. chapter 31 , subchapter III, Bonds, the Contractor shall promptly provide a copy of such payment bond to the requester. (End of clause)