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Desk reference · not legal adviceEvery threshold/Bonds, reporting, responsibility, CAS and other transactions/Checked 2 Nov 2026
Miller Act performance and payment bonds
$150,000was $100,000 until 1 Oct 2010
- Citation
- FAR 28.102-1(a)
- Last moved
- 1 October 2010, from $100,000
- Checked
- 2 November 2026, against the codified FAR and, where it leads the FAR, the statute
- Note
- The statute, 40 U.S.C. 3131(b), still says $100,000. The FAR raised the figure by regulation in 2010, and 41 U.S.C. 1908(b) now keeps that regulatory figure but blocks further inflation adjustment, so October 2025 did not touch it. From $35,000 up to this figure you pick two or more alternative payment protections under 28.102-1(b).
A construction contract for a new maintenance hangar in the United States. No waiver applies. Above what contract amount must the contractor furnish both a performance bond and a payment bond?
$150,000 (FAR 28.102-1(a)), as of 2 November 2026. It was $100,000 until it moved on 1 October 2010.
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Before you rely on it: this is the codified amount in effect on 2 November 2026. Agencies on a Revolutionary FAR Overhaul class deviation use the same value under a different paragraph number, and your agency supplement can set a lower one. Check it against the current text before it goes in the file.
Two ways to use it
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Play today’s ThresholdBonds, reporting, responsibility, CAS and other transactions
6 more- First-tier subcontract reporting$40,000
- Prototype OT — head of contracting activity approval$100,000,000
- Prototype OT — senior procurement executive and congressional notice$500,000,000
- CAS full coverage threshold$100,000,000
- CAS applicability — negotiated contract exemption$35,000,000
- Subcontracts with excluded parties — compelling reason threshold$45,000