Page:United States Statutes at Large Volume 116 Part 2.djvu/366

 116 STAT. 1148 PUBLIC LAW 107-217—AUG. 21, 2002 (A) unless notice is given as provided in this subsection; and (B) more than one year after the day on which notice is given. (d) WAIVER OF BONDS FOR CONTRACTS PERFORMED IN FOREIGN COUNTRIES.—^A contracting officer may waive the requirement of a performance bond and payment bond for work under a contract that is to be performed in a foreign country if the officer finds that it is impracticable for the contractor to furnish the bonds. (e) AUTHORITY TO REQUIRE ADDITIONAL BONDS. — Th is section does not limit the authority of a contracting officer to require a performance bond or other security in addition to those, or in cases other than the cases, specified in subsection (b). §3132. Alternatives to payment bonds provided by Federal Acquisition Regulation (a) IN GENERAL.— The Federal Acquisition Regulation shall provide alternatives to pa3anent bonds as payment protections for suppliers of labor and materials under contracts referred to in section 3131(a) of this title that are more than $25,000 and not more than $100,000. (b) RESPONSIBILITIES OF CONTRACTING OFFICER.—The contracting officer for a contract shall— (1) select, from among the payment protections provided for in the Federal Acquisition Regulation pursuant to subsection (a), one or more payment protections which the offeror awarded the contract is to submit to the FedergJ Government for the protection of suppliers of labor and materials for the contract; and (2) specify in the solicitation of offers for the contract the payment protections selected. § 3133. Rights of persons furnishing labor or material (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. (b) RIGHT TO BRING A CIVIL ACTION. — (1) IN GENERAL.— Every person that has furnished labor or material in carrying out work provided for in a contract for which a payment bond is furnished under section 3131 of this title and that has not been paid in full within 90 days after the day on which the person did or performed the last of the labor or furnished or supplied the material for which the claim is made may bring a civil action on the payment bond for the amount unpeiid at the time the civil action is brought and may prosecute the action to final execution and judgment for the amount due.

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