[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR28.106-6]

[Page 536-537]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 28_BONDS AND INSURANCE--Table of Contents
 
           Subpart 28.1_Bonds and Other Financial Protections
 
Sec.  28.106-6  Furnishing information.

    (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

[[Page 537]]

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. 270(c)).
    (d) Section 806(a)(2) of Pub. L. 102-190, as amended by Sections 
2091 and 8105 of Pub. L. 103-355, requires that the Federal Government 
provide information to subcontractors on payment bonds under contracts 
for other than commercial items 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 Miller Act, 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.

[48 FR 42286, Sept. 19, 1983, as amended at 50 FR 26903, June 28, 1985; 
60 FR 48273, Sept. 18, 1995]