QandA_8-24-18.pdf

Questions and Answers – 8/24/18

1. Question: I went to both of these pre-bids last week Mill Creek, Carroll County, KY; Sol 1224618Q0047 - doesn’t require a bid bond Nick Graham WRP, TN; Sol 1224618Q0045 - requires a bid bond

If you are using the same the procurement method on both… why does one require bid security and the other doesn’t? What determines this?

Answer: Bond requirements were determined in accordance with FAR Part 28.101.

28.101-1 Policy on use.

(a) A contracting officer shall not require a bid guarantee unless a performance bond or a performance and payment bond is also required (see 30TU28.102U30T and 30T28.10330T)

2. Question: Secondly, not sure I have seen this before… liquidated damages you said do not apply to these contracts. So if the contractor exceeds the performance time, there are no damages whatsoever?

Answer: FAR Clause 52.249-10 Default (Fixed-Price Construction). Applies to both solicitations. Actual damages may apply.

https://acquisition.gov/far/html/Subpart%2028_1.html#wp1086388 https://acquisition.gov/far/html/Subpart%2028_1.html#wp1086424 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=da654f2ae2dd62fe79df52b433ff5443&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.249-10