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    Is it acceptable to provide the information to the subcontractor? or is this a FOIA request. FAR 28.106-6 (b), it appears that we should be providing the subcontractor with the name and address of the surety or sureties. Please advise, R, Alexander Olarte


    Answer

    I'm in agreement with your reliance on FAR 28.106-6 over the FOIA. As you know, FAR Part 28, Bonds and Insurance, applies the Miller Act (40 USC Sections 3131-3134) to federal construction contracts. Section 3133 is consistent with the FAR as it states, in part,
     
    (a) Right of person furnishing labor or material to copy of bond – The department secretary or agency head of the contracting agency shall furnish a certified copy of a payment bond and the contract for which it was given to any person applying for a copy who submits an affidavit that the person has supplied labor or material for work described in the contract and payment for the work has not been made or that the person is being sued on the bond. The copy is prima facie evidence of the contents, execution, and delivery of the original. Applicants shall pay any fees the department secretary or agency head of the contracting agency fixes to cover the cost of preparing the certified copy.
     
    It seems the FAR makes it easier for a subcontractor to obtain the information. While this is the technical answer to your question, I think the subcontractor's request may be the symptom of a more urgent issue: the prime/general contractor may not be making full or timely payment to subcontractors, suppliers, or laborers. As a consequence, the contracting officer could elect to convene a meeting with the prime/general contractor and the subcontractors, suppliers, or laborers to discuss the matter directly. I'd recommend that at least the COR and your supporting legal representative also attend that meeting.

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