Form FAA 4400-61, Payment Bond, is the Federal Aviation Administration (FAA) form on which a contractor (the Principal) and one or more sureties bind themselves to the United States to protect people who supply labor and material. A payment bond on this form is used when one is required under the Act of August 24, 1935 (40 USC 270a-270e). On this page you can fill out the form online on FillingPDF and download or print the completed PDF. The original PDF and its edition record are published by the FAA.
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What is FAA 4400-61?
FAA 4400-61, Payment Bond, is the Federal Aviation Administration form on which a Principal and one or more Sureties firmly bind themselves to the United States of America, called the Government, to pay persons who furnish labor or material on a contract.
The form's instructions say it protects persons supplying labor and material and is used when a payment bond is required under the Act of August 24, 1935, 49 Stat. 793 (40 USC 270a-270e). The obligation is void if the Principal promptly pays everyone who has a direct relationship with the Principal or with a subcontractor of the Principal for labor, material or both used in the work of the contract identified on the form, including authorized modifications of that contract. Notice of those modifications to the Surety(ies) is waived.
The face of the form identifies the bond: the date it is executed, the Principal's legal name and business address, the type of organization and state of incorporation, the Surety(ies), the penal sum, and the bid identification (bid date, invitation number, and whether the contract is for construction, supplies or services). Page 2 holds the signature blocks for the Principal, individual sureties and up to seven corporate sureties, lettered A to G.
The form carries OMB Control No. 2120-0595; the FAA estimates about 25 minutes per response. It is issued by the FAA Acquisition Policy Division (AAP-100) as edition 01/23.
Who needs to file FAA 4400-61?
The Principal named on the form, usually the contractor, uses it when a payment bond is required under the Act of August 24, 1935 (40 USC 270a-270e). The Principal and every surety then sign it.
- Principal: enter the full legal name and business address and mark one type of organization: Individual, Partnership, Joint Venture or Corporation. An authorized person must sign the bond.
- Corporate sureties: they must appear on the Department of the Treasury's list of approved sureties and must act within the limitation listed there. Each additional corporate surety is identified as Surety A, B and so on.
- Individual sureties: each one must attach a completed Affidavit of Individual Surety (Standard Form 28).
- Representatives: anyone signing in a representative capacity, such as an attorney-in-fact, must furnish evidence of authority unless that person is a member of the firm, partnership or joint venture, or an officer of the corporation involved.
The form says nothing about who may be exempt from the bond requirement; that depends on the contract and the Act.
When to file FAA 4400-61
Complete this form when a payment bond is required under the Act of August 24, 1935 (40 USC 270a-270e) for a contract. Box 1, Date Bond Executed, must not be later than the date of the contract, so the bond has to be signed on or before that date.
The form sets no other due date. It identifies the contract through the bid date and invitation number in item 5b, so the timing of delivery is governed by that invitation and contract rather than by the form itself.
Documents you need
- A completed Affidavit of Individual Surety (Standard Form 28) for each individual surety, attached to the bond; required only where individual sureties are involved.
- Evidence of authority for any person signing in a representative capacity, such as an attorney-in-fact; not needed if the signer is a member of the firm, partnership or joint venture, or an officer of the corporation involved.
- Additional substantiating information on a surety's financial capability, only if the Government requires it.
How to fill out FAA 4400-61
Enter the bond execution date
In box 1, enter the date the bond is executed. It must not be later than the date of the contract.
Enter the Principal's details
In box 2, insert the full legal name and business address of the Principal. In box 3, mark one type of organization: Individual, Partnership, Joint Venture or Corporation.
Enter the state of incorporation
In box 4, enter the Principal's state of incorporation, which applies when the Principal is a corporation.
Identify the sureties
In box 5, insert only the letter identification (Surety A, Surety B and so on) of each corporate surety. Their names and addresses go in section 8.
Complete the penal sum
In box 5a, enter the penal sum as a percent of bid price or as an amount not to exceed, using the Million(s), Thousand(s), Hundred(s) and Cents columns.
Complete the bid identification
In box 5b, enter the bid date and the invitation number, and select whether the contract is for construction, supplies or services.
Sign for the Principal
In box 6, each authorized signer signs on a (seal) line and types name and title. Corporations affix the corporate seal; attach evidence of authority where a representative signs.
Complete individual surety signatures
In box 7, each individual surety signs and types their name. Attach a completed Standard Form 28 for each, and add an adhesive seal where the jurisdiction requires it.
Complete corporate surety blocks
In box 8, for each corporate surety (A to G), enter name and address, state of incorporation and liability limit. Add signatures, typed names and titles, and the corporate seal.
Review, sign and download the PDF
Check the dates, letters, seals and typed names, then download or print the completed PDF from FillingPDF and gather the attachments described under How to submit.
How to submit FAA 4400-61
The form prints no mailing address, portal or appointment rule for returning the executed bond, so it follows whatever the contract or invitation identified in item 5b requires. Before you deliver it, make sure the package is complete:
- Signatures and seals: corporations affix their corporate seals; individuals sign opposite the word "Corporate Seal" and add an adhesive seal if signing in Maine, New Hampshire or any other jurisdiction requiring adhesive seals.
- Attachments: a completed Standard Form 28 for each individual surety, and evidence of authority for any representative who is not a member of the firm, partnership or joint venture or an officer of the corporation.
Questions about the form go to the FAA Acquisition Policy Division (AAP-100) at [email protected]. The Fort Worth address printed on the form is only for comments on the burden estimate, not for sending the bond. FillingPDF lets you fill out and download the PDF; submission follows the channels the contract sets.
Common mistakes to avoid
- Dating box 1 later than the date of the contract; the form says the bond date must not be later than the contract date.
- Using a corporate surety that is not on the Department of the Treasury's list of approved sureties, or one acting beyond its listed limitation.
- Writing the sureties' names in the face-of-form SURETY(IES) space instead of only their letter identification; names and addresses go in the CORPORATE SURETY(IES) section.
- Omitting a completed Standard Form 28 for an individual surety.
- Leaving off corporate seals, or omitting the adhesive seal where the bond is executed in Maine, New Hampshire or another jurisdiction requiring one.
- Having a representative such as an attorney-in-fact sign without evidence of authority when that person is not a member of the firm, partnership or joint venture, or an officer of the corporation.
- Signing without typing the name and title of each signer in the space provided.
- Marking more than one type of organization in item 3; the form asks for one "X" only.
Frequently asked questions
What is a payment bond on FAA Form 4400-61?
It is a bond in which the Principal and Surety(ies) bind themselves to the United States to pay persons who furnish labor and material on a contract. The form says it is used when a payment bond is required under the Act of August 24, 1935 (40 USC 270a-270e).
Who signs FAA Form 4400-61?
An authorized person signs for the Principal, and each surety signs in its own block. A representative such as an attorney-in-fact must furnish evidence of authority unless that person is a member of the firm, partnership or joint venture, or an officer of the corporation.
Can any surety be used on the payment bond?
No. Corporate sureties must appear on the Department of the Treasury's list of approved sureties and act within the limitation listed there. Individual sureties must each attach a completed Affidavit of Individual Surety (Standard Form 28), and the Government may ask for more financial information.
What date goes in box 1 of the payment bond?
The date the bond is executed. The form states it must not be later than the date of the contract, so sign the bond on or before the contract date.
Do I need a corporate seal on the form?
Corporations executing the bond must affix their corporate seals. Individuals execute the bond opposite the word "Corporate Seal" and add an adhesive seal if signing in Maine, New Hampshire or any other jurisdiction requiring adhesive seals.
Where do I send FAA Form 4400-61 once it is signed?
The form prints no delivery address, so follow the instructions in the contract or invitation it refers to. Questions about the form can go to the FAA Acquisition Policy Division (AAP-100) at [email protected]. The Fort Worth address on the form is for burden comments only.
Can I fill out FAA Form 4400-61 online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service, not affiliated with the FAA, and it does not file or deliver the bond; you submit it through the channels the contract sets.
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