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.
28.102-1 General...

(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 selected alternatives:

(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 interest."

I would like the latter paragraph to be clarified for contracts under $100k. Thanks and Happy Sails! joel hoffman

By bob antonio on Sunday, February 04, 2001 - 05:37 pm:

Joel:

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.

By bob antonio on Sunday, February 04, 2001 - 05:49 pm:

Joel:

Here is the site that provides an email address for Edward Loeb. This should get things started.

http://policyworks.gov/org/main/mv/mvr.htm

By joel hoffman 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

By bob antonio on Monday, February 05, 2001 - 07:43 am:

Joel:

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 contacting MVR