FAR 52.228-1 - Bid Guarantee

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Prescribed in 28.101-2
Effective Date:	1 September 1996
Clause or Provision:	Clause
Provision or Clause Number:	52.228-1 - Bid Guarantee
Principle Type And/Or Purpose of Contract:
Required:
Applicable:	Fixed Price Service; Cost Reimbursement Research and Development; Fixed Price Research and Development; Cost Reimbursement Supply; Fixed Price Supply; Cost Reimbursement Service; Fixed Price Construction; Cost Reimbursement Construction; Time and Materials/Labor Hour; Leasing of Motor Vehicles; Communication Services; Dismantling, Demolition, or Removal of Improvements; Architect-Engineering; Facilities; Indefinite Delivery; Transportation; Simplified Acquisition Procedures; Utility Services;
Optional:
Subject:
ProcurementType:
Contract Threshold:
Prescription Overview:
Clause Overview:	(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid. (b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds— (1) To unsuccessful bidders as soon as practicable after the opening of bids; and (2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted. (c) The amount of the bid guarantee shall be ______ percent of the bid price or $________, whichever is less. (d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default. (e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
Important Notes/Requirements:	Requires bidder to furnish a bid guarantee in the form of a firm commitment, e.g., bid bond, postal money order, certified check, cashier's check, irrevocable letter of credit, etc. More commonly found in contracts for construction or professional engineering & design solicitations.
Subcontract Threshold:
Incorporated by Reference:	Yes
Uniform Contract Format:	I
Editor:	Marshall

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Personal notes.