[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: 48CFR28.106-6]



[Page 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. 28.106-6  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 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. 3133).

    (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; 70 FR 57454, Sept. 30, 2005]