---
kind: "section"
citation: "15 U.S.C. § 694a"
title: "15"
title_heading: "Commerce and Trade"
number: "694a"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/694a"
units:
  - "Chapter 14B — Small Business Investment Program"
  - "Subchapter IV–A — Guarantees"
  - "Part B — Surety Bond Guarantees"
---

# §694a. Definitions


As used in this part—

- (1) The term “bid bond” means a bond conditioned upon the bidder on a contract entering into the contract, if he receives the award thereof, and furnishing the prescribed [payment bond](#2) and [performance bond](#3).
- (2) The term “payment bond” means a bond conditioned upon the payment by the [principal](#6) of money to [persons](/usc/15/7a.md?p=6) under contract with him.
- (3) The term “performance bond” means a bond conditioned upon the completion by the [principal](#6) of a contract in accordance with its terms.
- (4) The term “surety” means the [person](/usc/15/7a.md?p=6) who (A) under the terms of a [bid bond](#1), undertakes to pay a sum of money to the [obligee](#5) in the event the [principal](#6) breaches the conditions of the bond, (B) under the terms of a [performance bond](#3), undertakes to incur the cost of fulfilling the terms of a contract in the event the [principal](#6) breaches the conditions of the contract, (C) under the terms of a [payment bond](#2), undertakes to make payment to all [persons](/usc/15/7a.md?p=6) supplying labor and material in the prosecution of the work provided for in the contract if the [principal](#6) fails to make prompt payment, or (D) is an agent, independent agent, underwriter, or any other [company](/usc/15/662.md?p=3) or individual empowered to act on behalf of such [person](/usc/15/7a.md?p=6).
- (5) The term “obligee” means (A) in the case of a [bid bond](#1), the [person](/usc/15/7a.md?p=6) requesting bids for the performance of a contract, or (B) in the case of a [payment bond](#2) or [performance bond](#3), the [person](/usc/15/7a.md?p=6) who has contracted with a [principal](#6) for the completion of the contract and to whom the obligation of the [surety](#4) runs in the event of a breach by the [principal](#6) of the conditions of a [payment bond](#2) or [performance bond](#3).
- (6) The term “principal” means (A) in the case of a [bid bond](#1), a [person](/usc/15/7a.md?p=6) bidding for the award of a contract, or (B) the [person](/usc/15/7a.md?p=6) primarily liable to complete a contract for the [obligee](#5), or to make payments to other [persons](/usc/15/7a.md?p=6) in respect of such contract, and for whose performance of his obligation the [surety](#4) is bound under the terms of a payment or [performance bond](#3). A principal may be a [prime contractor](#7) or a [subcontractor](#8).
- (7) The term “prime contractor” means the [person](/usc/15/7a.md?p=6) with whom the [obligee](#5) has contracted to perform the contract.
- (8) The term “subcontractor” means a [person](/usc/15/7a.md?p=6) who has contracted with a [prime contractor](#7) or with another subcontractor to perform a contract.
- (9) Notwithstanding any other provision of law or any rule, regulation, or order of the [Administration](/usc/15/662.md?p=1), for purpose of sections 694a, [694b](/usc/15/694b.md), and [694c](/usc/15/694c.md) of this title the term “small business concern” means a business concern that meets the size standard for the primary industry in which such business concern, and the affiliates of such business concern, is engaged, as determined by the [Administrator](/usc/15/662.md?p=2) in accordance with the North American Industry Classification System.

## Source credit

(Pub. L. 85–699, title IV, § 410, as added Pub. L. 91–609, title IX, § 911(a)(4), Dec. 31, 1970, 84 Stat. 1812; amended Pub. L. 95–507, title I, § 110, Oct. 24, 1978, 92 Stat. 1758; Pub. L. 111–5, div. A, title V, § 508(c), Feb. 17, 2009, 123 Stat. 158; Pub. L. 112–239, div. A, title XVI, § 1695(c), Jan. 2, 2013, 126 Stat. 2090.)

## Notes

### Editorial Notes

### Amendments

2013—Par. (9). Pub. L. 112–239 added par. (9).

2009—Par. (9). Pub. L. 111–5, § 508(c), (f), temporarily added par. (9) which read as follows: “Notwithstanding any other provision of law or any rule, regulation, or order of the Administration, for purposes of sections 694a, 694b, and 694c of this title the term “small business concern” means a business concern that meets the size standard for the primary industry in which such business concern, and the affiliates of such business concern, is engaged, as determined by the Administrator in accordance with the North American Industry Classification System.” See Termination Date of 2009 Amendment note below.

1978—Par. (4)(D). Pub. L. 95–507 added cl. (D).

### Statutory Notes and Related Subsidiaries

### Termination Date of 2009 Amendment

Pub. L. 111–5, div. A, title V, § 508(f), Feb. 17, 2009, 123 Stat. 159, provided that: “The amendments made by this section [amending this section and section 694b of this title] shall remain in effect until September 30, 2010.”

### Technical Assistance in Connection with Construction Contracts; Authorization of Appropriations

Section 911(b) of Pub. L. 91–609 authorized the Secretary of Housing and Urban Development to take such steps and carry out such activities as he determined to be necessary or desirable to provide, either directly or by contract or other arrangement, technical assistance to any contractor or subcontractor for whom a bid, payment, or performance bond is guaranteed under part B of title IV of the Small Business Investment Act of 1958 [this part] in connection with any construction contract, in order to assist such contractor or subcontractor in obtaining or carrying out such contract, and authorized to be appropriated for each of the first three fiscal years ending after the date of the enactment of this Act [Dec. 31, 1970] such sums, not to exceed $1,500,000, as were necessary to enable the Secretary to carry out his functions under paragraph (1).