CO1210 Posted December 11, 2013 Report Share Posted December 11, 2013 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. Link to comment Share on other sites More sharing options...
Navy_Contracting_4 Posted December 11, 2013 Report Share Posted December 11, 2013 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? Link to comment Share on other sites More sharing options...
j_dude77 Posted December 12, 2013 Report Share Posted December 12, 2013 No. Link to comment Share on other sites More sharing options...
Navy_Contracting_4 Posted December 13, 2013 Report Share Posted December 13, 2013 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. Link to comment Share on other sites More sharing options...
Recommended Posts