(a) The contracting officer shall require prime contractors on nonconstruction contracts to obtain the following performance and/or payment protection from subcontractors performing construction work:
(1) Performance and payment bonds when the subcontract construction work is in excess of $100,000 and is determined by NASA to be subject to the Miller Act.
(2) An appropriate payment protection determined according to FAR 28
.
102-1(b)(1) when the subcontract construction work is greater than $30,000 but not greater than $100,000.
(b) The contracting officer shall establish the penal amount in accordance with FAR 28.102-2 based on the subcontract value.
(c) The bonds shall be provided on SF 25, Performance Bond, and SF 25A, Payment Bond. These forms shall be modified to name the NASA prime contractor as well as the United States of America as obligees.
