48 C.F.R. § 28.101-2

28.101-2 Solicitation provision or contract clause.

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(a) The contracting officer shall insert a provision or clause substantially the same as the provision at 52.228-1, Bid Guarantee, in solicitations or contracts that require a bid guarantee or similar guarantee. For example, the contracting officer may modify this provision—

(1) To set a period of time that is other than 10 days for the return of executed bonds;

(2) For use in connection with construction solicitations when the agency has specified that only separate bid bonds are acceptable in accordance with 28.101-1(b);

(3) For use in solicitations for negotiated contracts; or

(4) For use in service contracts containing options for extended performance.

(b) The contracting officer shall determine the amount of the bid guarantee for insertion in the provision at 52.228-1 (see 28.102-2(a)). The amount shall be adequate to protect the Government from loss should the successful bidder fail to execute further contractual documents and bonds as required. The bid guarantee amount shall be at least 20 percent of the bid price but shall not exceed $3 million. When the penal sum is expressed as a percentage, a maximum dollar limitation may be stated.

[61 FR 39213, July 26, 1996, as amended at 65 FR 46070, July 26, 2000]

Notes of Decisions

Cited in 3 cases, 2001–2006 · leading case: A & D Fire Prot., Inc. v. United States, 72 Fed. Cl. 126 (Fed. Cl. 2006).

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A & D Fire Prot., Inc. v. United States, 72 Fed. Cl. 126 (Fed. Cl. 2006). “48 C.F.R. § 28.101-2 (a) (2005). A nearby FAR provision, FAR 28.”

Interstate Rock Prods., Inc. v. United States, 50 Fed. Cl. 349 (Fed. Cl. 2001). “48 C.F.R. § 28.101-2 provides that: (a) The contracting officer shall insert a provision or clause substantially the same as the provision at 52.”

All Seasons Constr., Inc. v. United States, 55 Fed. Cl. 175 (Fed. Cl. 2003). “” 48 C.F.R. § 28.101-2 (a). In this case, the solicitation stated that “a bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000.”

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