Q A Bid Opening.pdf

Q: How can a bidder modify his bid shortly before the bid opening and not adjust his bid bond which had to be presented as an original document prior to the bid opening.

A: Under the Federal Acquisition Regulation (FAR) 28.101-4(c)(2) there is an exception to the solicitation requirements on the bid bonds which allows the Government to accept the bid even though the bid bond is not accurate:

Subpart 28.1 -- Bonds and Other Financial Protections

28.101-4 -- Noncompliance with Bid Guarantee Requirements.

(c) Noncompliance with a solicitation requirement for a bid guarantee shall be waived in the following circumstances unless the contracting officer determines in writing that acceptance of the bid would be detrimental to the Government’s interest when --

(2) The amount of the bid guarantee submitted is less than required, but is equal to or greater than the difference between the offer price and the next higher acceptable offer;