---
kind: "section"
citation: "48 C.F.R. § 28.106-5"
title: "48"
number: "28.106-5"
heading: "Consent of surety."
url: "https://uscodex.org/cfr/48/28.106-5"
---

# §28.106-5. Consent of surety.

- (a) When any contract is modified, the contracting officer shall obtain the consent of surety if—
  - (1) An additional bond is obtained from other than the original surety;
  - (2) **No additional bond is required and—**
    - (i) The modification is for new work beyond the scope of the original contract; or
    - (ii) The modification does not change the contract scope but changes the contract price (upward or downward) by more than 25 percent or $50,000; or
  - (3) Consent of surety is required for a novation agreement (See [subpart 42.12](/cfr/48/subpart42.12.md)).
- (b) When a contract for which performance or payment is secured by any of the types of security listed in 28.204 is modified as described in [paragraph (a)](#a) of this subsection, no consent of surety is required.
- (c) Agencies shall use Standard Form 1414, Consent of Surety, for all types of contracts.

## Notes

### Amendments

[48 FR 42286, Sept. 19, 1983, as amended at 61 FR 31652, June 20, 1996]

### Authority

Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 48 FR 42286, Sept. 19, 1983, unless otherwise noted.

### Amendments

[48 FR 42286, Sept. 19, 1983, as amended at 61 FR 31652, June 20, 1996]