[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR28.101-1]



[Page 549]

 

            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. 28.101-1  Policy on use.



    (a) A contracting officer shall not require a bid guarantee unless a 

performance bond or a performance and payment bond is also required (see 

28.102 and 28.103). Except as provided in paragraph (c) of this 

subsection, bid guarantees shall be required whenever a performance bond 

or a performance and payment bond is required.

    (b) All types of bid guarantees are acceptable for supply or service 

contracts (see annual bid bonds and annual performance bonds coverage in 

28.001). Only separate bid guarantees are acceptable in connection with 

construction contracts. Agencies may specify that only separate bid 

bonds are acceptable in connection with construction contracts.

    (c) The chief of the contracting office may waive the requirement to 

obtain a bid guarantee when a performance bond or a performance and 

payment bond is required if it is determined that a bid guarantee is not 

in the best interest of the Government for a specific acquisition (e.g., 

overseas construction, emergency acquisitions, sole-source contracts). 

Class waivers may be authorized by the agency head or designee.



[48 FR 42286, Sept. 19, 1983, as amended at 51 FR 2665, Jan. 17, 1986; 

52 FR 19803, May 27, 1987; 52 FR 30076, Aug. 12, 1987; 54 FR 34755, Aug. 

21, 1989; 61 FR 39213, July 26, 1996]