40 U.S.C. § 3133: Rights of persons furnishing labor or material

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. 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 unpaid at the time the civil action is brought and may prosecute the action to final execution and judgment for the amount due. by any means that provides written, third-party verification of delivery to the contractor at any place the contractor maintains an office or conducts business or at the contractor’s residence; or in any manner in which the United States marshal of the district in which the public improvement is situated by law may serve summons. in the name of the United States for the use of the person bringing the action; and in the United States District Court for any district in which the contract was to be performed and executed, regardless of the amount in controversy. An action brought under this subsection must be brought no later than one year after the day on which the last of the labor was performed or material was supplied by the person bringing the action. The Government is not liable for the payment of any costs or expenses of any civil action brought under this subsection. in writing; signed by the person whose right is waived; and executed after the person whose right is waived has furnished labor or material for use in the performance of the contract.