Attachment_O_Bid_Guarantee_Certification.pdf

PDF 320 KB Posted

Attached to
Design-Build Services for Hendley ES Modernization
Solicitation number
DCAM-26-CS-RFP-0011
Issued by
District of Columbia

About this file

This is a Bid Guarantee Certification letter issued by the District of Columbia Department of General Services for the Design-Build Services for Hendley ES Modernization project. The certification applies to offerors who elect to submit alternate bid security in the form of a cashier's check or irrevocable letter of credit instead of a traditional bid bond. Offerors utilizing this option must submit a properly notarized certification letter with their proposal. The document establishes that if awarded the contract, the successful offeror must promptly post a payment and performance bond equal to the full contract value. The certification also outlines that if the offeror fails to post the required payment and performance bond, the Department will draw upon the alternate bid security as liquidated damages, terminate the award and contract, and prohibit that offeror from submitting alternate bid security in lieu of a bid bond for a two-year period thereafter. The offeror waives any right to protest such termination.

The certification document acknowledges that the damages resulting from an offeror's failure to post the required payment and performance bond are difficult to quantify and that the value of the alternate bid security represents a reasonable and fair estimate of anticipated damages. The document requires the offeror's authorized representative to sign and have the signature notarized by a District of Columbia notary public, confirming the offeror's understanding and acceptance of all terms and conditions outlined in the certification.

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Certification Letter for Cashier’s Check or Irrevocable Letter of Credit

Offerors who submit a cashier’s check or an irrevocable letter of credit (“Alternate Bid

Security”) in lieu of a bid bond must also submit this certification, properly notarized, with their proposal. By executing this document, Offeror acknowledges that, if awarded this contract, Offeror shall be required to post promptly a payment and performance bond equal to the full value of the contract. In the event Offeror fails to post such payment and performance bond, the

Offeror understands and agrees that; (i) the Department shall draw upon the Alternate Bid

Security as liquidated damages; (ii) the award and or contract shall be terminated; (iii) for a period of two (2) years thereafter, the Department will not accept from such Offeror Alternate

Bid Security in lieu of a bid bond; and (iv) the Offeror hereby waives the right to protest the termination of any such award or contract. The Offeror further acknowledges and agrees that the damages the Department would experience in the event such award or contract are terminated due to the Offeror’s failure to post a payment and performance bond are difficult to determine and that the value of the Alternate Bid Security represents a reasonable estimate of the damages the Department would incur.

By:

Name:

Title:

Date:

District of Columbia) ss:

On the day of , 20 , before me, a notary public in and for the District of Columbia, personally appeared , who acknowledged himself/herself to be of , and that he/she as such, being authorized to do so, executed the foregoing instrument for the purposes therein contained.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

Notary Public

My Commission Expires:

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