Deviation-Created Clause
This clause was established by Class Deviation 2020-O0016 and does not appear in the eCFR. It is required in solicitations and contracts as specified in the deviation memorandum.
After consultation with legal counsel, the contracting officer shall release the security interest on the individual surety's assets using the Optional Form 90, Release of Lien on Real Property, or Optional Form 91, Release of Personal Property from Escrow, or a similar release as soon as possible consistent with the conditions in subparagraphs (a)(1) and (2) of this subsection. A surety's assets pledged in support of a payment bond may be released to a subcontractor or supplier upon Government receipt of a Federal district court judgment, or a sworn statement by the subcontractor or supplier that the claim is correct along with a written authorization of the release signed by the surety saying that it approves of such release.
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Regulatory Stack
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Active Class Deviations
Class Deviation 2020-O0016 – Original Documents, Signatures, Seals, and Notarization
Accept a written authorization signed by the surety instead of a notarized authorization under 28.203-5(a).
MODIFIED
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