FAR 52.228-17—Individual Surety—Pledge of Assets (Bid Guarantee).
Plain-English Summary
FAR 52.228-17 is a solicitation provision used when an offeror relies on an individual surety to support a bid guarantee. It tells offerors what they must obtain from each individual surety: a pledge of assets that satisfies FAR 28.203-1’s eligibility, valuation, and security standards, plus Standard Form 28, Affidavit of Individual Surety. It also explains when those materials must be submitted—within the timeframe set by FAR 52.228-1, Bid Guarantee, or another deadline established by the contracting officer. Finally, it gives the contracting officer authority to release the security interest in the surety’s assets if there is evidence that the bid supported by the surety will not result in award. In practice, this provision protects the Government by ensuring that an individual surety’s backing is real, properly documented, and legally enforceable before the Government relies on it to secure a bid.
Key Rules
Individual surety assets required
If an offeror uses an individual surety for a bid guarantee, the surety must provide a pledge of assets. Those assets must meet FAR 28.203-1 requirements for eligibility, valuation, and security.
SF 28 is mandatory
Each individual surety must also complete Standard Form 28, Affidavit of Individual Surety. This form supports the Government’s review of the surety’s identity, assets, and ability to back the guarantee.
Submission timing controls
The required information must be included with the offer within the deadline set by FAR 52.228-1, Bid Guarantee, unless the contracting officer sets a different timeframe. Missing the deadline can make the bid guarantee unacceptable.
CO may release security interest
The contracting officer may release the security interest in the surety’s assets when there is evidence that the bid supported by the surety will not lead to contract award. This is a discretionary authority, not an automatic release.
Cross-reference to bid guarantee clause
This provision works together with FAR 52.228-1. The bid guarantee clause establishes the overall bid guarantee requirement, while this clause specifies what is needed when the guarantee is backed by an individual surety.
Responsibilities
Offeror
Obtain from each individual surety a qualifying pledge of assets and a completed SF 28, then submit the required information with the offer by the applicable deadline.
Individual Surety
Provide a pledge of assets that satisfies FAR 28.203-1 and complete SF 28 accurately so the Government can evaluate the surety’s eligibility and the adequacy of the pledged assets.
Contracting Officer
Set or apply the submission deadline under FAR 52.228-1 or another established timeframe, evaluate whether the individual surety documentation is acceptable, and decide whether to release the security interest when award will not result.
Agency/Government
Use the provision to protect the Government’s interest in bid security by ensuring individual sureties are properly documented and that pledged assets are legally and financially sufficient.
Practical Implications
Offerors using individual sureties must plan early; getting a compliant asset pledge and SF 28 can take time, and late or incomplete submissions can jeopardize responsiveness or acceptability.
The key compliance issue is not just having assets pledged, but having the right kind of assets and documentation that satisfy FAR 28.203-1. A weak or improperly valued pledge may be rejected.
Contracting officers should verify that the surety package matches the bid guarantee requirements and the solicitation deadline, especially if the CO has set a special timeframe.
The release authority in paragraph (c) matters after bid evaluation or award decisions; if the bid will not be awarded, the CO can release the security interest, but should do so only with evidence supporting that conclusion.
A common pitfall is confusing the individual surety documentation with the bid guarantee itself. This provision does not replace the bid guarantee requirement; it specifies what must support it when an individual surety is used.
Official Regulatory Text
As prescribed in 28.203-4 (a), insert the following provision: Individual Surety—Pledge of Assets (Feb 2021) (a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee— (1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203-1 ; and (2) Standard Form 28, Affidavit of Individual Surety. (b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228-1 , Bid Guarantee, or as otherwise established by the Contracting Officer. (c) The Contracting Officer may release the security interest on the individual surety's assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award. (End of provision)