on Sunday, February 04, 2001 - 05:31 pm:
Melissa Rider, if you read this message, can you advise me
how to initiate a request for clarifications to FAR Part 28? Far
28.102-1 (b)(1)(i) says the Government can allow the Contractor
to furnish a payment bond without a performance bond for small
construction contracts ($25k-100k). However, FAR 28.103-3 states
that a payment bond is only required when a performance bond is
required. I'm sure this is just an editing oversight, when the
FAR was updated a few years ago to implement FASA. Here are the
conflicting paragraphs in the FAR.
" 28.102 Performance and payment bonds and alternative payment
protections for construction contracts.
(b)(1) Pursuant to Section 4104(b)(2) of the Federal Acquisition
Streamlining Act of 1994 (Public Law 103-355), for construction
contracts greater than $25,000, but not greater than $100,000,
the contracting officer shall select two or more of the
following payment protections, giving particular consideration
to inclusion of an irrevocable letter of credit as one of the
(i) A payment bond."
"28.103-3 Payment bonds.
(a) A payment bond is required only when a performance bond is
required, and if the use of payment bond is in the Government's
I would like the latter paragraph to be clarified for contracts
under $100k. Thanks and Happy Sails! joel hoffman
bob antonio on Sunday, February 04, 2001 - 05:37 pm:
In the back of your paper-based FAR, there should be a form for
you to submit requesting a change in the FAR. I have done this
in the past--several years ago--and it has resulted in a change
to the FAR.
bob antonio on Sunday, February 04, 2001 - 05:49 pm:
Here is the site that provides an email address for Edward Loeb.
This should get things started.
on Monday, February 05, 2001 - 07:31 am:
Bob, thanks. I can't find this type form in the back of my
CCH published FAR. I e-mailed my request to Mr. Loeb. Let's see
what happens. Happy Sails! Joel
bob antonio on Monday, February 05, 2001 - 07:43 am:
The FAR Secretariat (MVR) that I listed is the same office
identified in the GPO's FAR version. The information they
request is (1) FAR Part, Subpart, or Section; (2) Page Number;
(3) Nature of Error; (4) Your name and telephone and address.
I think there will be some kind of action. However, anything as
large as the FAR is extremely difficult to maintain perfectly.
If MVR responds, please let me know. I will add the email site
on the Regulations page under the FAR so others can send in
corrections. Actually, I may add that this evening after