Overview

FAR 28.106-1 specifies the required Standard Forms (SFs) and Optional Forms (OFs) that must be used for bonds and bond-related matters in government contracting, except in foreign countries. These forms cover bid bonds, performance bonds, payment bonds, individual sureties, reinsurance agreements, and related consents. The regulation mandates the use of each form as directed in its instructions, ensuring uniformity and compliance in the administration of bonds for federal contracts. The section lists each form by name and number, referencing related FAR sections for further guidance on their use.

Key Rules

Mandatory Use of Standard and Optional Forms
- Contracting officers and contractors must use the specified SFs and OFs for all bond and bond-related requirements, except in foreign countries.
Form-Specific Instructions
- Each form must be completed and submitted according to the instructions provided with the form and as referenced in related FAR sections.

Responsibilities

Contracting Officers: Ensure the correct forms are used and properly completed for each bond requirement; verify compliance with form instructions and related FAR references.
Contractors: Submit the required bond forms as specified in solicitations and contracts, following all instructions and deadlines.
Agencies: Oversee the proper administration and recordkeeping of bond forms and related documentation.

Practical Implications

This section standardizes the documentation process for bonds, reducing confusion and ensuring legal sufficiency.
Failure to use the correct forms or follow instructions can result in delays, noncompliance, or rejection of bids and contract awards.
Contractors should familiarize themselves with each form and its requirements to avoid administrative errors.

The following Standard Forms (SF’s) and Optional Forms (OF’s), shall be used, except in foreign countries, when a bid bond, performance or payment bond, or an individual surety is required. The bond forms shall be used as indicated in the instruction portion of each form:

(a) https://www.gsa.gov/forms-library/bid-bond" target="_blank">SF 24, Bid Bond (see 28.101).

(b) https://www.gsa.gov/forms-library/performance-bond" target="_blank">SF 25, Performance Bond (see 28.102-1 and 28.106-3(b)).

(d) https://www.gsa.gov/forms-library/continuation-sheet-standard-forms-24-25-and-25a" target="_blank">SF 25B, Continuation Sheet (for SF’s https://www.gsa.gov/forms-library/bid-bond" target="_blank"> 24, https://www.gsa.gov/forms-library/performance-bond" target="_blank">25, and https://www.gsa.gov/forms-library/payment-bond" target="_blank">25A).

(e) https://www.gsa.gov/forms-library/affidavit-individual-surety" target="_blank">SF 28, Affidavit of Individual Surety (see 28.203).

(f) https://www.gsa.gov/forms-library/annual-bid-bond" target="_blank">SF 34, Annual Bid Bond (see 28.001).

(g) https://www.gsa.gov/forms-library/annual-performance-bond" target="_blank">SF 35, Annual Performance Bond (see 28.104).

(h) https://www.gsa.gov/forms-library/reinsurance-agreement-bonds-statute-performance-bond" target="_blank">SF 273, Reinsurance Agreement for a Bonds Statute Performance Bond (see 28.202(a)(4)).

(i) https://www.gsa.gov/forms-library/reinsurance-agreement-bonds-statute-payment-bond" target="_blank">SF 274, Reinsurance Agreement for a Bonds Statute Payment Bond (see 28.202(a)(4)).

(j) https://www.gsa.gov/forms-library/reinsurance-agreement-favor-united-states" target="_blank">SF 275, Reinsurance Agreement in Favor of the United States (see 28.202(a)(4)).

(k) https://www.gsa.gov/forms-library/consent-surety" target="_blank">SF 1414, Consent of Surety (see 28.106-5).

(l) https://www.gsa.gov/forms-library/consent-surety-and-increase-penalty" target="_blank">SF 1415, Consent of Surety and Increase of Penalty (see 28.106-3).

(m) https://www.gsa.gov/forms-library/payment-bond-other-construction-contracts" target="_blank">SF 1416, Payment Bond for Other Than Construction Contracts (see 28.103-3 and 28.106-3(b)).