Overview
This section specifies the authority and conditions under which the requirement for a bid guarantee may be waived during emergency acquisitions.
Key Rules
- Waiver Authority: The power to waive the bid guarantee resides specifically with the chief of the contracting office.
- Scope: This waiver is limited to "emergency acquisitions" as defined under FAR Part 18.
- Prerequisites: A waiver can only be granted if a performance bond (or both a performance and payment bond) is still required for the contract.
- Regulatory Cross-Reference: This provision aligns with the general bonding requirements found in FAR 28.101-1(c).
Practical Implications
- This rule accelerates the procurement timeline during emergencies by reducing the administrative and financial burden on bidders at the proposal stage.
- While the upfront bid guarantee is removed to ensure speed, the government maintains financial protection by ensuring performance and payment bonds are secured for the actual execution of the work.