[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR28.106-5]



[Page 554-555]

 

            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. 28.106-5  Consent of surety.



    (a) When any contract is modified, the contracting officer shall 

obtain the consent of surety if--

    (1) An additional bond is obtained from other than the original 

surety;

    (2) No additional bond is required and--



[[Page 555]]



    (i) The modification is for new work beyond the scope of the 

original contract; or

    (ii) The modification does not change the contract scope but changes 

the contract price (upward or downward) by more than 25 percent or 

$50,000; or

    (3) Consent of surety is required for a novation agreement (See 

subpart 42.12).

    (b) When a contract for which performance or payment is secured by 

any of the types of security listed in 28.204 is modified as described 

in paragraph (a) of this subsection, no consent of surety is required.

    (c) Agencies shall use Standard Form 1414, Consent of Surety, for 

all types of contracts.



[48 FR 42286, Sept. 19, 1983, as amended at 61 FR 31652, June 20, 1996]