[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: 48CFR28.101-4]



[Page 550-551]

 

            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



[[Page 551]]



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]