RFO
RFO Version Available
The Revolutionary FAR Overhaul has published a revised version of this clause. The RFO version supersedes the eCFR text below for contracts using the RFO model; see the RFO deviation for applicability.
View RFO version
DEV
This clause is modified by 1 active class deviation
- 2020-O0016 — Class Deviation 2020-O0016 – Original Documents, Signatures, Seals, and Notarization
52.228-11 Individual Surety—Pledge of Assets. As prescribed in 28.203-4(b), insert the following clause: Individual Surety—Pledge of Assets (FEB 2021) (a) The Contractor shall obtain from each person acting as an individual surety on a performance bond or a payment bond— (1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203-1; and (2) Standard Form 28, Affidavit of Individual Surety. (b) The Contracting Officer may release a portion of the security interest on the individual surety's assets based upon substantial performance of the Contractor's obligations under its performance bond. The security interest in support of a performance bond shall be maintained— (1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 (40 U.S.C. 3131). Until completion of any warranty period, or for 1 year following final payment, whichever is later. (2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year. (3) Other contracts not subject to the requirements of paragraph (b)(1) of this clause. Until completion of any warranty period, or for 90 days following final payment, whichever is later. (c) 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 notarized authorization of the release by the surety stating that it approves of such release. The security interest on the individual surety's assets in support of a payment bond shall be maintained— (1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 which require performance and payment bonds (40 U.S.C. 3131). For 1 year following final payment, or until resolution of all pending claims filed against the payment bond during the 1-year period following final payment, whichever is later. (2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year. (3) Other contracts not subject to the requirements of paragraph (c)(1) of this clause. For 90 days following final payment. (d) The Contracting Officer may allow the Contractor to substitute an individual surety, for a performance or payment bond, after contract award. The Contractor shall comply with the requirements of paragraph (a) of this clause within the timeframe established by the Contracting Officer. (End of clause) [86 FR 3686, Jan. 14, 2021]
28.203-4(b)
(a)Insert the provision at 52.228-17, Individual Surety--Pledge of Assets (Bid Guarantee), in solicitations that require the submission of a bid guarantee.
(b)Insert the clause at 52.228-11, Individual Surety--Pledge of Assets, in solicitations and contracts that require the submission of performance or payment bonds.
(b)Insert the clause at 52.228-11, Individual Surety--Pledge of Assets, in solicitations and contracts that require the submission of performance or payment bonds.
Prescription data sourced from eCFR as of 2026-06-10 03:16 UTC.
Cross-references within the prescription are not resolved automatically.
Regulatory Stack
The layers of regulation that govern this clause, from the FAR prescription through agency-specific supplements and any active deviations.
RFO
RFO Version
Overhauled clause text
The Revolutionary FAR Overhaul publishes a revised version of this clause. See the RFO Version tab for the controlling authority under the RFO model.
FAR
FAR Prescription
28.203-4(b)
(a)Insert the provision at 52.228-17, Individual Surety--Pledge of Assets (Bid Guarantee), in solicitations that require the submission of a bid guarantee.
(b)Insert the clause at 52.228-11, Individual Surety--Pledge of Assets, in solicitations and contracts that require the submission of performance or payment bonds.
(b)Insert the clause at 52.228-11, Individual Surety--Pledge of Assets, in solicitations and contracts that require the submission of performance or payment bonds.
DEVIATION
Active Class Deviations
1 deviation
2020-O0016: Class Deviation 2020-O0016 – Original Documents, Signatures, Seals, and Notarization
Version History
Version history is sourced from the codified eCFR. Changes published only as class deviations or by the Revolutionary FAR Overhaul do not appear here until they are incorporated into the eCFR. For RFO-driven changes see the RFO Version tab and any active deviations cited above.
3 versions tracked from 2017-01-01 to 2021-02-16.
FEB 2021
February 16, 2021
CURRENT
Removed in this version
Added in this version
Unchanged
JAN 2021 (previous)
FEB 2021 (current)
4 added, 7 removed
(a)
(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee, a performance bond, or a payment bond -
(a)
(a) The Contractor shall obtain from each person acting as an individual surety on a performance bond or a payment bond—
54 added, 32 removed
(1)
(1) Evidence of an escrow account containing cash, certificates of deposit, commercial or Government securities, or other assets described in FAR 28.203-2 (except see 28.203-2(b)(2) with respect to Government securities held in book entry form); and/or
(1)
(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 which require performance and payment bonds (40 U.S.C. 3131). For 1 year following final payment, or until resolution of all pending claims filed against the payment bond during the 1-year period following final payment, whichever is later.
17 added, 13 removed
(2)
(2) A recorded lien on real estate. The offeror will be required to provide -
(2)
(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.
36 added, 14 removed
(b)
(b) Pledges of assets from each person acting as an individual surety shall be in the form of -
(b)
(b) The Contracting Officer may release a portion of the security interest on the individual surety's assets based upon substantial performance of the Contractor's obligations under its performance bond. The security interest in support of a performance bond shall be maintained—
1 added, 89 removed
(i)
(i) A mortgagee title insurance policy, in an insurance amount equal to the amount of the lien, or other evidence of title that is consistent with the requirements of Section 2 of the United States Department of Justice Title Standards at https://www.justice.gov/enrd/page/file/922431/download. This title evidence must show fee simple title vested in the surety along with any concurrent owners; whether any real estate taxes are due and payable; and any recorded encumbrances against the property, including the lien filed in favor of the Government as required by FAR 28.203-3(d);
(i)
[Removed]
1 added, 15 removed
(ii)
(ii) Evidence of the amount due under any encumbrance shown in the evidence of title;
(ii)
[Removed]
1 added, 70 removed
(iii)
(iii) A copy of the current real estate tax assessment of the property or a current appraisal dated no earlier than 6 months prior to the date of the bond, prepared by a professional appraiser who certifies that the appraisal has been conducted in accordance with the generally accepted appraisal standards as reflected in the Uniform Standards of Professional Appraisal Practice, as promulgated by the Appraisal Foundation. (End of clause)
(iii)
[Removed]
20 added, 5 removed
(3)
[Not present in prior version]
(3)
(3) Other contracts not subject to the requirements of paragraph (c)(1) of this clause. For 90 days following final payment.
76 added, 4 removed
(c)
[Not present in prior version]
(c)
(c) 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 notarized authorization of the release by the surety stating that it approves of such release. The security interest on the individual surety's assets in support of a payment bond shall be maintained—
46 added, 5 removed
(d)
[Not present in prior version]
(d)
(d) The Contracting Officer may allow the Contractor to substitute an individual surety, for a performance or payment bond, after contract award. The Contractor shall comply with the requirements of paragraph (a) of this clause within the timeframe established by the Contracting Officer. (End of clause)
JAN 2021
January 14, 2021
SUBSTANTIVE
Removed in this version
Added in this version
Unchanged
JAN 2017 (previous)
JAN 2021 (current)
1 added, 1 removed
(i)
(i) A mortgagee title insurance policy, in an insurance amount equal to the amount of the lien, or other evidence of title that is consistent with the requirements of Section 2 of the United States Department of Justice Title Standards at http://www.justice.gov/enrd/ENRD_Assets/Title_Standards_2001.pdf. This title evidence must show fee simple title vested in the surety along with any concurrent owners; whether any real estate taxes are due and payable; and any recorded encumbrances against the property, including the lien filed in favor of the Government as required by FAR 28.203-3(d);
(i)
(i) A mortgagee title insurance policy, in an insurance amount equal to the amount of the lien, or other evidence of title that is consistent with the requirements of Section 2 of the United States Department of Justice Title Standards at https://www.justice.gov/enrd/page/file/922431/download. This title evidence must show fee simple title vested in the surety along with any concurrent owners; whether any real estate taxes are due and payable; and any recorded encumbrances against the property, including the lien filed in favor of the Government as required by FAR 28.203-3(d);
JAN 2017
January 1, 2017
SUBSTANTIVE
Earliest version available from the eCFR
RFO Version
Comparison of the codified eCFR text against the Revolutionary FAR Overhaul revision. Highlights show additions (green) and deletions (red, struck through).
Clause Text
Minor revisions. The RFO version has formatting or editorial changes from the eCFR text.
eCFR (codified)
RFO (implemented)
Unchanged
52.228-11 Individual Surety—Pledge of Assets.
eCFR (codified)
RFO (implemented)
2 added, 1 removed
As prescribed in 28.203-4(b), insert the following clause:
As prescribed in 28.203-4 (b), insert the following clause:
6 removed
[86 FR 3686, Jan. 14, 2021]
Prescription
Substantive changes. The RFO prescription differs materially from the eCFR prescription.
eCFR (codified)
RFO (implemented)
Unchanged
52.228-11 Individual Surety—Pledge of Assets.: Prescription
eCFR (codified)
RFO (implemented)
12 added, 10 removed
(a)
(a)Insert the provision at 52.228-17, Individual Surety--Pledge of Assets (Bid Guarantee), in solicitations that require the submission of a bid guarantee.
(a)
(b) Insert the clause at 52.228-11, Individual Surety—Pledge of Assets, in solicitations and contracts that require the submission of performance or payment bonds.
22 removed
(b)
(b)Insert the clause at 52.228-11, Individual Surety--Pledge of Assets, in solicitations and contracts that require the submission of performance or payment bonds.
(b)
Active Class Deviations
Class Deviation 2020-O0016 – Original Documents, Signatures, Seals, and Notarization
Substitute clause 52.228-11
MODIFIED
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