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48 CFR 3052.228-90

3052.228-90 Notification of Miller Act payment bond protection (USCG).

United States · 48 CFR — Federal Acquisition Regulations System · Status: effective

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48 CFR 3052.228-90, 3052.228-90 Notification of Miller Act payment bond protection (USCG), United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/253264
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As prescribed in USCG guidance at (HSAR) 48 CFR 3028.106-490, insert the following clause: This notice clause shall be inserted by first tier subcontractors in all their subcontracts and shall contain information pertaining to the surety that provided the payment bond under the prime contract. (a) The prime contract is subject to the Miller Act (40 U.S.C. 270), under which the prime contractor has obtained a payment bond. This payment bond may provide certain unpaid employees, suppliers, and subcontractors a right to sue the bonding surety under the Miller Act for amounts owned for work performed and materials delivery under the prime contract. (b) Persons believing that they have legal remedies under the Miller Act should consult their legal advisor regarding the proper steps to take to obtain these remedies. This notice clause does not provide any party any rights against the Federal Government, or create any relationship, contractual or otherwise, between the Federal Government and any private party. (c) The surety which has provided the payment bond under the prime contract is: (Name) (Street Address) (City, State, Zip Code) (Contact & Tel. No.)

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.