As prescribed in 28.101-2 (90), insert the following clause:
BID GUARANTEE FOR USE IN NEGOTIATED ACQUISITIONS (SEP 2008) - DLAD
(a) If the solicitation contains FAR Clause 52.215-1, failure to furnish a bid guarantee in the proper form and amount, by the closing date and time set for receipt of proposals, may be cause for rejection of the offer.
(b) The offeror 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 offerors as soon as practicable after
award of a contract, and
(2) To the successful offeror upon execution of any contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the offer as accepted.
(c) The amount of the bid guarantee shall be _______ percent of the bid price or $_______________, whichever is less.
(d) If the successful offeror, upon acceptance of its offer 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 offeror, the Contracting Officer may terminate the contract for default.
(e) In the event the contract is terminated for default, the offeror is liable for any cost of acquiring the work that exceeds the amount of its offer, and the bid guarantee is available to offset the difference.
(End of Clause)
