PRIA, Government Policy, Made Personal

Summary

Defines key words used in this part. Bid bond — a bond that promises a bidder will enter into the contract if awarded and will provide the required payment and performance bonds. Payment bond — a bond that guarantees the principal will pay people who supply labor or materials. Performance bond — a bond that guarantees the principal will finish the work under the contract. Surety — the person or company that promises to pay or perform if the principal fails; this can include agents or underwriters. Obligee — for a bid bond, the person asking for bids; for payment or performance bonds, the person who hired the principal and who the surety must protect. Principal — for a bid bond, the bidder; otherwise the person mainly responsible to complete the contract or make payments (a prime contractor or a subcontractor). Prime contractor — the person who contracted directly with the obligee. Subcontractor — a person who contracts with the prime contractor or another subcontractor to do part of the work. Small business concern — for parts 694a, 694b, and 694c, a business that meets the size standard for its main industry and its affiliates as set by the Administrator using the NAICS.

Title 15, §694a

Commerce and Trade, Source: USLM XML via OLRC

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 and performance bond.

(2)The term “payment bond” means a bond conditioned upon the payment by the principal of money to persons under contract with him.

(3)The term “performance bond” means a bond conditioned upon the completion by the principal of a contract in accordance with its terms.

(4)The term “surety” means the person who (A) under the terms of a bid bond, undertakes to pay a sum of money to the obligee in the event the principal breaches the conditions of the bond, (B) under the terms of a performance bond, undertakes to incur the cost of fulfilling the terms of a contract in the event the principal breaches the conditions of the contract, (C) under the terms of a payment bond, undertakes to make payment to all persons supplying labor and material in the prosecution of the work provided for in the contract if the principal fails to make prompt payment, or (D) is an agent, independent agent, underwriter, or any other company or individual empowered to act on behalf of such person.

(5)The term “obligee” means (A) in the case of a bid bond, the person requesting bids for the performance of a contract, or (B) in the case of a payment bond or performance bond, the person who has contracted with a principal for the completion of the contract and to whom the obligation of the surety runs in the event of a breach by the principal of the conditions of a payment bond or performance bond.

(6)The term “principal” means (A) in the case of a bid bond, a person bidding for the award of a contract, or (B) the person primarily liable to complete a contract for the obligee, or to make payments to other persons in respect of such contract, and for whose performance of his obligation the surety is bound under the terms of a payment or performance bond. A principal may be a prime contractor or a subcontractor.

(7)The term “prime contractor” means the person with whom the obligee has contracted to perform the contract.

(8)The term “subcontractor” means a person who has contracted with a prime contractor or with another subcontractor to perform a contract.

(9)Notwithstanding any other provision of law or any rule, regulation, or order of the Administration, for purpose of section 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.

Notes & Related Subsidiaries

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 section 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).

§694a Definitions

Summary

Title 15, §694a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Amendments

Construction

Construction

Citations & Metadata