Bid guarantee under simplified procedures
Started by CO1210 · Dec 11, 2013 · 3 replies
- COriginal post
CO1210
Dec 11, 2013 · 12y ago
I am looking for opinions on whether or not bid guarantees are required for simplified acquisitions greater than $30,000 requiring alternative payments protection. Our regional acquisition officer has recently determined they should apply to any procurement greater than $30,000.
According to FAR 28.101(a), a bid guarantee is not required unless a performance bond or performance and payment bond is also required. According to FAR 28.102-1( b )(1), any procurement greater than $30,000 but not greater than $150,000 may select a payment bond as a payment protection, but not performance.
Thank you.
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Navy_Contracting_4
Dec 11, 2013 · 12y ago
I think FAR 28.101-1(a) is clear and unequivocal - "A contracting officer shall not require a bid guarantee unless a performance bond or a performance and payment bond is also required." Any policy that runs counter to that prohibition would require a FAR deviation, wouldn't it? Has your regional acquisition officer obtained a deviation?
- j
j_dude77
Dec 12, 2013 · 12y ago
No.
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Navy_Contracting_4
Dec 13, 2013 · 12y ago
Then I'd say FAR 28.101-1(a) prohibits you from requiring a bid guarantee, unless you're also requiring a performance bond or a performance and payment bond.