Does anyone know if there is a waiver process to the payment protection requirements in 28.102-1(b) (please see below). 28.102-1(a) references a waiver option, but (b) doesn't appear to, but given the small dollar amount I find it hard to believe there isn't one. I'm still researching this and my legal office is my next stop, but was hoping someone here might have a quick answer - thanks!!!
Mike
28.102-1 General.
(a) 40 U.S.C. chapter 31, subchapter III, Bonds (formerly
known as the Miller Act), requires performance and payment
bonds for any construction contract exceeding $150,000,
except that this requirement may be waived—
(1) By the contracting officer for as much of the work
as is to be performed in a foreign country upon finding that it
is impracticable for the contractor to furnish such bond; or
(2) As otherwise authorized by the Bonds statute or
other law.
(b)(1) Pursuant to 40 U.S.C. 3132, for construction contracts
greater than $35,000, but not greater than $150,000, the
contracting officer shall select two or more of the following
payment protections, giving particular consideration to inclusion
of an irrevocable letter of credit as one of the selected
alternatives: