28.106-6
Furnishing information
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.