28.106-6 Furnishing information
Source: FAR 28.106-6 on acquisition.gov
FAR 28.106-6 ensures that sureties, subcontractors, and suppliers have timely access to essential bond and contract information, supporting transparency and payment protections.
Overview
FAR 28.106-6 outlines the procedures for furnishing information related to surety bonds on government contracts. It specifies who is entitled to receive information about the bond, the contract, and the progress of the work, as well as the process for providing such information. The regulation ensures transparency for sureties, subcontractors, and suppliers, particularly regarding payment bonds and contract performance.
Key Rules
- Surety Requests
- Sureties may request and receive information about contract progress, payments, and estimated completion percentages.
- Subcontractor/Supplier Requests
- Subcontractors or suppliers who have provided or been asked to provide labor or materials may request the name and address of the surety, and general information about work progress and payments.
- Certified Copies of Bonds
- Upon affidavit and request, those unpaid for labor or materials (or being sued on the bond) may obtain a certified copy of the bond and contract, subject to reasonable preparation costs.
- Statutory Requirements for Non-Commercial Contracts
- For non-commercial contracts, contracting officers must promptly provide, upon request, the surety’s name/address, penal amount, and a copy of the payment bond (with reasonable copying fees allowed).
Responsibilities
- Contracting Officers: Must respond to requests for bond-related information from sureties, subcontractors, and suppliers, and provide certified copies when required.
- Contractors: Should be aware that bond information may be disclosed to certain parties.
- Agencies: Must ensure compliance with statutory requirements and manage reasonable fees for document preparation.
Practical Implications
- This section exists to protect the interests of sureties, subcontractors, and suppliers by ensuring access to critical bond and contract information, especially in payment disputes.
- It impacts daily contract administration by requiring prompt and accurate responses to information requests.
- Common pitfalls include delays in providing information, improper denial of requests, or charging unreasonable fees for copies.
(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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3133&num=0&edition=prelim" target="_blank">40 U.S.C. 3133).
(d) Section 806(a)(2) of Public Law 102-190, as amended by sections 2091 and 8105 of Public Law 103-355 (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4601&num=0&edition=prelim" target="_blank">10 U.S.C. 4601 note prec.), requires that the Federal Government provide information to subcontractors on payment bonds under contracts for other than commercial products or commercial services 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 Bonds statute, 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.