Bid guarantee under simplified procedures

[CO1210]

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.

[Navy_Contracting_4]

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_dude77]

No.

[Navy_Contracting_4]

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.