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FHWA FP-24Public Domain

Section 102 — Bid, Award, and Execution of Contract

Division 100 — General Requirements|PDF pages 30–32

102.01Acquisition Regulations. Bid, award, and execution of the contract is governed by the FAR and TAR.

102.02Preparation of Bids. Follow the requirements of FAR Provision 52.214- 18 Preparation of Bids-Construction. Insert a numeric unit bid price for each pay item for which a quantity appears in the bid schedule. Multiply the unit bid price by the quantity for each pay item and show the amount bid. If ma thematical checks made by the Government show a mistake in the amount bid, the corrected unit price extension governs. If "LPSM " appears as a unit of measure in the bid schedule, insert an amount bid for each lump sum pay item. If "CTSM " appears as a unit of measure in the bid schedule, include the Government inserted amount for the pay item in the total bid amount. Total the amounts bid for each pay item and show the total bid amount. The quantities listed in the bid schedule are approximate, unless designated as a contract quantity, and are used for the comparison of bids. Payment will be made for the actual quantities of work performed and accepted or material provided according to the contract. The scheduled quantities may be increased, decreased, or deleted. Bid schedule quantities are considered the original contract quantities.

102.03Bid Guarantee. Follow the requirements of FAR Clause 52.228-1 Bid Guarantee.

102.04Individual Surety. Follow the requirements of FAR Clause 52.228-11 Individual Surety -Pledge of Assets. Complete and date the SF 28, Affidavit of Individual Surety after the solicitation date. The individual surety shall personally sign the SF 28. Bidders cannot serve as their own surety. See FAR 28.203 Individual Sureties. After reviewing the SF 28, the CO may request the surety to submit further documentation with respect to its assets, debts, or encumbrances. The information may be required to be provided under oath. Failure of the surety to respond with the requested documentation within 7 days of receipt of the request is cause for rejection of the surety. Any material misstatement by the surety, overstatement of assets (either as to ownership or value), or understatement of liabilities is cause for rejection of the surety. Substitution of individual sureties to support a bid bond after the bid opening will not be allowed . Provide documentary evidence as to the ownership and value of the assets pledged in support of the bond and details of the security interest in the assets by the individual sureties for the apparent low bidder within 14 days after the opening of bids. Failure to submit evidence within the time required will be grounds for declaring the surety unacceptable. 13 After reviewing the SF 28 and documentary information on the security interest and the assets pledged, the CO may request the surety to submit further information and documents with respect to the documents submitted. The information may be required to be provided under oath. Failure of the surety to respond with the requested information or documents within 7 days of receipt of the request is cause for rejection of the surety.

102.05Public Opening of Bids. Bids will be publicly opened at the time specified in the SF 1442, Solicitation, Offer, and Award. All bid openings will be conducted according to FAR Part 14 – Sealed Bidding.

102.06Performance and Payment Bonds. Follow the requirements of FAR Clause 52.228-15 Performance and Payment Bonds – Construction. Use SF 25, Performance Bond and SF 25A, Payment Bond for submitting the bonds. Follow the requirements of Subsections 102.03 and 102.04. Submit the documentary evidence for individual sureties at the same time as the Affidavit of Individual Surety and security interest in assets pledged. A Contractor submitting an unacceptable individual surety in satisfaction of a performance or payment bond before the issuance of the NTP will be allow ed one opportunity to substitute an acceptable surety or sureties within 7 days of receipt of notification that the surety is unacceptable. The Government’s right to direct the substitution of sureties to ensure the continuing acceptability of the bonds during the performance of the c ontract according to FAR Clause 52.228- 2 Additional Bond Security is not restricted. The requirements of this Subsection are in addition to the requirements in FAR 28.203, except where in conflict with the requirements in the FAR, in which case the FAR sup ersedes the requirements of this Subsection.

Public Domain: FP-24 (FHWA Federal Lands Highway) is a U.S. government publication and is not subject to copyright. Text extracted from the official source ↗. Figures are served from the eCFR; if one does not load, use the link in its place.
FP-24 Section 102 — Bid, Award, and Execution of Contract | BuildSpec