[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR28.101-4]

[Page 532]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 28_BONDS AND INSURANCE--Table of Contents
 
           Subpart 28.1_Bonds and Other Financial Protections
 
Sec.  28.101-4  Noncompliance with bid guarantee requirements.

    (a) In sealed bidding, noncompliance with a solicitation requirement 
for a bid guarantee requires rejection of the bid, except in the 
situations described in paragraph (c) of this subsection when the 
noncompliance shall be waived.
    (b) In negotiation, noncompliance with a solicitation requirement 
for a bid guarantee requires rejection of an initial proposal as 
unacceptable, if a determination is made to award the contract based on 
initial proposals without discussion, except in the situations described 
in paragraph (c) of this subsection when noncompliance shall be waived. 
(See 15.306(a)(2) for conditions regarding making awards based on 
initial proposals.) If the conditions for awarding based on initial 
proposals are not met, deficiencies in bid guarantees submitted by 
offerors determined to be in the competitive range shall be addressed 
during discussions and the offeror shall be given an opportunity to 
correct the deficiency.
    (c) Noncompliance with a solicitation requirement for a bid 
guarantee shall be waived in the following circumstances unless the 
contracting officer determines in writing that acceptance of the bid 
would be detrimental to the Government's interest when--
    (1) Only one offer is received. In this case, the contracting 
officer may require the furnishing of the bid guarantee before award;
    (2) The amount of the bid guarantee submitted is less than required, 
but is equal to or greater than the difference between the offer price 
and the next higher acceptable offer;
    (3) The amount of the bid guarantee submitted, although less than 
that required by the solicitation for the maximum quantity offered, is 
sufficient for a quantity for which the offeror is otherwise eligible 
for award. Any award to the offeror shall not exceed the quantity 
covered by the bid guarantee;
    (4) The bid guarantee is received late, and late receipt is waived 
under 14.304;
    (5) A bid guarantee becomes inadequate as a result of the correction 
of a mistake under 14.407 (but only if the bidder will increase the bid 
guarantee to the level required for the corrected bid);
    (6) A telegraphic offer modification is received without 
corresponding modification of the bid guarantee, if the modification 
expressly refers to the previous offer and the offeror corrects any 
deficiency in bid guarantee;
    (7) An otherwise acceptable bid bond was submitted with a signed 
offer, but the bid bond was not signed by the offeror;
    (8) An otherwise acceptable bid bond is errroneously dated or bears 
no date at all; or
    (9) A bid bond does not list the United States as obligee, but 
correctly identifies the offeror, the solicitation number, and the name 
and location of the project involved, so long as it is acceptable in all 
other respects.

[54 FR 48985, Nov. 28, 1989, as amended at 60 FR 34739, July 3, 1995; 62 
FR 51271, Sept. 30, 1997]