(e) Vessel liability. (1) A performance bond is not furnished; and The head of the contracting activity may approve using other types of bonds in connection with acquiring particular supplies or services. The following situations may warrant a performance bond: The individual surety shall, as a condition of the partial release, furnish an affidavit agreeing that the release of such assets does not relieve the individual surety of its obligations under the bond(s). Original contract price does not include the price of any options, except those options exercised at the time of contract award. (a) When the total amount of construction contracts awarded for any one project exceeds three hundred thousand dollars ($300,000), a performance and payment bond as set forth in (1) and (2) is required by the contracting body from any contractor or The bond forms shall be used as indicated in the instruction portion of each form: (c) The chief of the contracting office may waive the requirement to obtain a bid guarantee when a performance bond or a performance and payment bond is required if it is determined that a bid guarantee is not in the best interest of the Government for a specific acquisition (e.g., overseas construction, emergency acquisitions, sole-source contracts). (2) For use in connection with construction solicitations when the agency has specified that only separate bid bonds are acceptable in accordance with 28.101-1(b); (a) "Public-work contract," as used in this subpart, means any contract for a fixed improvement or for any other project, fixed or not, for the public use of the United States or its allies, involving construction, alteration, removal, or repair, including projects or operations under service contracts and projects in connection with the national defense or with war activities, dredging, harbor improvements, dams, roadways, and housing, as well as preparatory and ancillary work in connection therewith at the site or on the project. (10) A disclosure of all captive insurance company and reinsurance agreements, including methods of computing cost. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. (ii) An irrevocable letter of credit (ILC). 600, is available from: 28.101-2 Solicitation provision or contract clause. (7) An otherwise acceptable bid bond is erroneously dated or bears no date at all; or (1) If used as a bid guarantee, the ILC should expire no earlier than 60 days after the close of the bid acceptance period. (n) SF 1418, Performance Bond for Other Than Construction Contracts (see 28.103-2 and 28.106-3(b)). The exclusion shall be for the purpose of protecting the Government. (a) The surety on the bond, upon its written request, may be furnished information on the progress of the work, payments, and the estimated percentage of completion, concerning the contract for which the bond was furnished. Agencies may establish risk-pooling arrangements. (4) Contracts are for dismantling, demolition, or removal of improvements. See section 28.102-1, paragraph (b)(1). (ii) Date and time of contact. (a)An individual surety is acceptable for all types of bonds except position schedule bonds. (i) The amount which exceeds the specified limit is coinsured or reinsured; and The contracting officer shall insert the clause at 52.228-8, Liability and Insurance-Leased Motor Vehicles, in solicitations and contracts for the leasing of motor vehicles (see subpart 8.11). 28.307-1 Group insurance plans. (e)If the contracting officer determines that no individual surety in support of a bid guarantee is acceptable, the offeror utilizing the individual surety shall be rejected as nonresponsible, except as provided in 28.101-4. Performance Bond Claims: Strict Compliance with the Bond Language is Required. (i) Contracts approved or financed by the Development Loan Fund (unless the Secretary of Labor, acting upon the recommendation of a department or agency, determines that such contracts should be covered); or The following situations may warrant a performance bond: (1) Government property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material). 28.106-8 Payment to subcontractors or suppliers. Contractors shall carry insurance under the following circumstances: The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. The person who makes the request shall be required to pay such costs of preparation as determined by the head of the agency or designee to be reasonable and appropriate (see 40 U.S.C.3133). (a) A new surety bond covering all or part of the obligations on a bond previously approved may be substituted for the original bond if approved by the head of the contracting activity, or as otherwise specified in agency regulation. 7. In this case, the contracting officer may require the furnishing of the bid guarantee before award; (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; (3) The amount of the bid guarantee submitted, although less than that required by the solicitation for the maximum quantity offered, is sufficient for a quantity for which the offeror is otherwise eligible for award. Also known as a contract bond, this obligation secures the completion of a construction project or in the case of a service or supply agreement, faithful . A Performance Bond is a type of Contract Bond. A letter of credit meeting all substantive requirements of this section may be submitted in lieu of a Performance Bond. (b) For contracts performed in a foreign country, sureties not appearing on Treasury Department Circular 570 are acceptable if the contracting officer determines that it is impracticable for the contractor to use Treasury listed sureties. See the definition of "offer" at 2.101. (a)(1) Every original contractor that is awarded a contract by a state entity, as defined in subdivision (d), involving an expenditure in excess of twenty-five thousand dollars ($25,000) for any public work shall, before entering upon the performance of the work, file a payment bond with and approved by the officer or state entity that awarded the contract. The individual surety shall, as a condition of the partial release, furnish an affidavit agreeing that the release of such assets does not relieve the individual surety of its obligations under the bond(s). 28.204-2 Certified or cashier’s checks, bank drafts, money orders, or currency. The individual surety shall, as a condition of the partial release, furnish an affidavit agreeing that the release of such assets does not relieve the individual surety of its obligations under the bond(s). (c) The chief of the contracting office may waive the requirement to obtain a bid guarantee when a performance bond or a performance and payment bond is required if it is determined that a bid guarantee is not in the best interest of the Government for a specific acquisition (e.g., overseas construction, emergency acquisitions, sole-source contracts). (iv) Certificates of deposit. (a) Insert a clause substantially the same as the clause at 52.228-15, Performance and Payment Bonds-Construction, in solicitations and contracts for construction that contain a requirement for performance and payment bonds if the resultant contract is expected to exceed $150,000. Attorney-in-fact means an agent, independent agent, underwriter, or any other company or individual holding a power of attorney granted by a surety (see also "power of attorney" at 2.101). (2)Failure to disclose all bond obligations. (2) Contracts subject to alternative payment protection. (b) An original, or a photocopy or facsimile of an original, power of attorney is sufficient evidence of such authority. View our Privacy Policy. Per 31 U.S.C. 28.203-4 Solicitation provision and contract clause. Phone: 212-703-5078; Fax: 212-391-6568; E-mail: [email protected]; Via the Internet at:http://www.uscib.org/ucp-600-ud-4465/. (5) The contractor’s compliance with Federal and State laws and regulations. (ii) The modification does not change the contract scope but changes the contract price (upward or downward) by more than 25 percent or $50,000; or (c) Contractors awarded nonpersonal services contracts for health care services are required to maintain medical liability insurance and indemnify the Government for liability producing acts or omissions by the contractor, its employees and agents (see 37.400). Agencies may prescribe their own solicitation provisions and contract clauses to implement the basic policies contained in this subpart 28.3. General contractors oversee the day-to-day operations on a construction site, making sure the work is done safely, correctly, and cost effectively. Discover what it takes to work in this challenging field in General Contractor. (f) Self-insurance programs to protect a contractor against the costs of correcting its own defects in materials or workmanship shall not be approved. 9310, individual sureties must pledge eligible obligations, which Treasury refers to as acceptable collateral or eligible collateral. (1) Corporate sureties offered for bonds furnished with contracts performed in the United States or its outlying areas must appear on the list contained in the Department of the Treasury's Listing of Approved Sureties (Treasury Department Circular 570), “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies.” Vilnius, Lithuania, bank account No. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence. (1) The offeror/contractor is required by paragraph (d) of the clause at 52.228-14. (b) General liability. §1269. (c)An individual surety excluded pursuant to this section shall be entered as an exclusion in the System for Award Management (see 9.404). The contracting officer shall determine whether the individual surety bond is acceptable as to the amount necessary to cover the individual surety bond based on the asset eligibility and valuation assessment from Treasury. The contracting officer shall determine the amount of the advance payment bond necessary to protect the Government. (9) The method of calculating the projected average loss; and 28.313 Contract clauses for insurance of transportation or transportation-related services. In addition, general information concerning the work progress, payments, and the estimated percentage of completion may be furnished to persons who have provided labor or materials and have not been paid. (1)An individual surety shall execute the bond (e.g., bid bond (SF 24), performance bond (SF 25), payment bond (SF 25A)). Assets pledged by an individual surety shall meet the eligibility requirements of Treasury's Bureau of the Fiscal Service. Acceptable forms of security include-, (1) Corporate or individual sureties; or. 28.313 Contract clauses for insurance of transportation or transportation-related services. Subpart 28.2 - Sureties and Other Security for Bonds (1) By the contracting officer for as much of the work as is to be performed in a foreign country upon finding that it is impracticable for the contractor to furnish such bond; or Any other use is void of purpose. 600, is available from: ICC Books USA, 1212 Avenue of the Americas, 21 st Floor, New York, NY 10036; Phone: 212-703-5078; Fax: 212-391-6568; E-mail: [email protected]; Via the Internet at:http://www.uscib.org/ucp-600-ud-4465/. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.) 28.103-3 Payment bonds. When the Government requires the contractor to provide insurance coverage, the policies shall contain an endorsement that any cancellation or material change in the coverage adversely affecting the Government’s interest shall not be effective unless the insurer or the contractor gives written notice of cancellation or change as required by the contracting officer. These arrangements are designed to use the services of the insurance industry for safety engineering and the handling of claims at minimum cost to the Government. It covers bid guarantees, bonds, alternative payment protections, security for bonds, and insurance. (ii) For contracts not subject to the Bonds statute, the later of-, (A) 90 days following final payment; or. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims. (g) SF 35, Annual Performance Bond (see 28.104). (2) The Government reserves the right to disapprove the purchase of any insurance coverage not in the Government’s interest. (10) A disclosure of all captive insurance company and reinsurance agreements, including methods of computing cost. (d) Section 806(a)(2) of Pub.L.102-190, as amended by Sections2091 and 8105 of Pub.L.103-355 ( 10 U.S.C. The security interest shall be maintained for the later of— The bid guarantee amount shall be at least 20 percent of the bid price but shall not exceed $3 million. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. (a) Prior approval requirement. This report from the second Strategic Highway Research Program (SHRP 2), which is administered by the Transportation Research Board of the National Academies, provides recommendations regarding the various cultural, organizational, and ... (3) Allowability of the insurance program’s cost shall be determined in accordance with the criteria in 31.205-19. For bonds under $500,000, all that is usually required is a bond application, plus a copy of the contract . If the contract price increases, the Government must secure any needed additional protection by directing the contractor to- The bond is conditioned for the faithful performance of the duties of the office of notary public and for the delivery of the notary public's register to the office of the recorder of deeds of the proper county in case of the death, resignation or disqualification of the notary public within 30 days of such event. Although the Government is not ordinarily concerned with the contractor’s insurance coverage if the contract is a fixed-price contract, in special circumstances agencies may specify insurance requirements under fixed-price contracts. (2) If available, the corporate insurance manual and organization chart detailing fiscal responsibilities for insurance; 28.101 Bid guarantees. (b) When a contract for which performance or payment is secured by any of the types of security listed in 28.204 is modified as described in paragraph (a) of this subsection, no consent of surety is required. (c) When the Defense Base Act applies (see 42 U.S.C.1651, etseq.) 600, is available from: (c) Once the administrative contracting officer has approved a program, the contractor must submit to that official for approval any major proposed changes to the program. Since . (f) The period for which financial security is required shall be as follows: The contracting officer will only authorize payment to subcontractors or suppliers from an ILC (or any other cash equivalent security) upon a judicial determination of the rights of the parties, a signed notarized statement by the contractor that the payment is due and owed, or a signed agreement between the parties as to amount due and owed. Unless the contracting officer determines that a lesser amount is adequate for the protection of the Government, the penal amount of performance bonds must equal-, (i) 100 percent of the original contract price; and. (3) Copy of the payment bond. The contracting officer may require additional coverage and higher limits. (b) When a new surety bond is approved, the contracting officer shall notify the principal and surety of the original bond of the effective date of the new bond. (2) A contractor sells assets to or merges with another concern, and the Government, after recognizing the latter concern as the successor in interest, desires assurance that it is financially capable. (e) The rates will be effective after the close of business on 8/20/2021. (c) For purposes of this section, electronic, mechanically-applied and printed signatures, seals and dates on the power of attorney shall be considered original signatures, seals and dates, without regard to the order in which they were affixed. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. 28.101-2 Solicitation provision or contract clause. The contracting officer shall determine whether the individual surety bond is acceptable as to the amount necessary to cover the individual surety bond based on the asset eligibility and valuation assessment from Treasury. By obtaining a bid bond, the Owner receives assurance the Contractor will be able to complete the contract. The EPA and the U.S. Army Corps of Engineers (Corps) have experienced difficulties in contracting Hazardous and Toxic Waste (HTW) cleanup projects. (i) SF 274, Reinsurance Agreement for a Bonds Statute Payment Bond (see 28.202(a)(4)). When, by means of an insurance policy or a self-insurance program, the contractor provides the workers’ compensation coverage required by the Defense Base Act, the contractor’s employees automatically receive war-hazard risk protection. Viking Bond Service does not share or release email addresses, phone numbers or ANY other personal information to unauthorized third parties. If the principal’s obligations are not met, the bond assures payment, to the extent stipulated, of any loss sustained by the obligee. What is a Performance Bond (PB), Insurance wrap or Wrap-up insurance? (a) Insert the clause at 52.228-5, Insurance-Work on a Government Installation, in solicitations and contracts if a fixed-price contract is contemplated, the contract amount is expected to exceed the simplified acquisition threshold, and the contract will require work on a Government installation, unless-, (1) Only a small amount of work is required on the Government installation (e.g.,a few brief visits permonth); or. (2) Will execute a written contract and furnish required bonds, including any necessary coinsurance or reinsurance agreements, within the time specified in the bid, unless a longer time allowed, after receipt of the specified forms. (1) Corporate sureties offered for bonds furnished with contracts performed in the United States or its outlying areas must appear on the list contained in the Department of the Treasury's Listing of Approved Sureties (Treasury Department Circular 570), “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies.” One of the main factors is the amount of the contract which has been awarded during the bid. If the prime contractor is unable to fully perform their contractual requirements on the project for some reason, then the state can look to the performance bond for compensation to get the . (b) (g) SF 35, Annual Performance Bond (see 28.104). (5) A payment bond assures payments as required by law to all persons supplying labor or material in the prosecution of the work provided for in the contract. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. The contracting officer will only authorize payment to subcontractors or suppliers from an ILC (or any other cash equivalent security) upon a judicial determination of the rights of the parties, a signed notarized statement by the contractor that the payment is due and owed, or a signed agreement between the parties as to amount due and owed. (a) "Public-work contract," as used in this subpart, means any contract for a fixed improvement or for any other project, fixed or not, for the public use of the United States or its allies, involving construction, alteration, removal, or repair, including projects or operations under service contracts and projects in connection with the national defense or with war activities, dredging, harbor improvements, dams, roadways, and housing, as well as preparatory and ancillary work in connection therewith at the site or on the project. 28.102-1 General. (a) The surety on the bond, upon its written request, may be furnished information on the progress of the work, payments, and the estimated percentage of completion, concerning the contract for which the bond was furnished. (B) For performance bonds only, until completion of any warranty period. (a)An individual may be excluded from acting as a surety on bonds submitted by offerors on procurement by the executive branch of the Federal Government, by the acquiring agency's head or designee utilizing the procedures in subpart 9.4. (c)An individual surety excluded pursuant to this section shall be entered as an exclusion in the System for Award Management (see 9.404). (ii) The amount of the payment bond must be no less than the amount of the performance bond. (ii) For contracts not subject to the Bonds statute, the later of- Date bond executed: Period of coverage: Principal: [Legal name and business address of owner or operator] . When aircraft are used in connection with performing the contract, the contracting officer shall require aircraft public and passenger liability insurance. As per the normal review of market volatility to ensure adequate collateral coverage, the Chicago Mercantile Exchange Inc., Clearing House Risk Management staff approved the performance bond requirements for the following products listed in the advisory at the link below. (4) The contractor’s latest financial statements; 28.305 Overseas workers’ compensation and war-hazard insurance. On all federally funded projects of $100,000 or more, performance and payment bonds are required by legislation known as The Miller Act passed in 1935. Agencies may specify that only separate bid bonds are acceptable in connection with construction contracts. (a) Workers’ compensation and employer’s liability. The contracting officer shall notify both the offeror or contractor and the individual surety of this determination. performance bond. For these purposes, normal rework estimates and warranty costs will not be considered self-insurance. The security interest shall be maintained for the later of— performance bond for a construction project even though it is not required by statute. (3)The individual surety shall execute the SF 28, Affidavit of Individual Surety, and provide a security interest. (1) 100 percent of the original contract price; and (10) A disclosure of all captive insurance company and reinsurance agreements, including methods of computing cost. (b) The contracting officer shall determine the amount of the bid guarantee for insertion in the provision at 52.228-1 (see 28.102-2(a)). (4)An offeror or contractor may submit up to three individual sureties for each bond, in which case the net adjusted value of the pledged unencumbered assets, when combined, must equal or exceed the penal amount of the bond. The bid guarantee amount shall be at least 20 percent of the bid price but shall not exceed $3 million. (b) SF 25, Performance Bond (see 28.102-1 and 28.106-3(b)). Reinsurance means a transaction which provides that a surety, for a consideration, agrees to indemnify another surety against loss which the latter may sustain under a bond which it has issued. 28.203-1 Acceptability of individual sureties. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. (1) Increase the penal sum of the existing bond; The contractor shall execute and submit necessary reinsurance agreements to the contracting officer within the time specified on the bid form, which may not exceed 45 calendar days after the execution of the bond. When the penal sum is expressed as a percentage, a maximum dollar limitation may be stated. (c) Automobile liability. (f)If a contractor submits an unacceptable individual surety, or one that Treasury could not assess the asset eligibility and valuation within a reasonable time, then the contracting officer may permit the contractor to substitute an acceptable surety within a reasonable time. (i) The amount which exceeds the specified limit is coinsured or reinsured; and Found inside – Page 5... which meets the requirements 8 742.5 Definitions . of this section . The Federal lessee Federal lease bond means a surety protection bond is in addition to the bond payable to the United States re performance bond required ... The minimum amounts of insurance required by this regulation (see 28.307-2) may be reduced when a contract is to be performed outside the United States and its outlying areas. c. Municipalities must require a Labor & Material Payment Bond for contracts exceeding $100,000. If the penal amount exceeds the underwriting limit, the bond will be acceptable only if-, (i) The amount which exceeds the specified limit is coinsured or reinsured; and. (a) "Public-work contract," as used in this subpart, means any contract for a fixed improvement or for any other project, fixed or not, for the public use of the United States or its allies, involving construction, alteration, removal, or repair, including projects or operations under service contracts and projects in connection with the national defense or with war activities, dredging, harbor improvements, dams, roadways, and housing, as well as preparatory and ancillary work in connection therewith at the site or on the project. 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Is jointly and severally liable to the extent of the Government reserves the right to disapprove purchase. Examined carefully to determine the penal sum applicable to the extent of the contracting activity may approve other. Unauthorized activities are subject to the Defense Base Act ( 42 U.S.C.1651 etseq. Responded to a solicitation, including methods of computing cost in Government contract law but it not., Release of Personal property from escrow ( see 28.202 ( a ) Generally, agencies shall not exceed insurer... Bond protects laborers, material suppliers and subcontractors against nonpayment risk the surety bond company can located... Agreement for a bid bond, contractors and suppliers should review the payment protections selected ( see 28.202 a. Html PDF, subpart 28.1 - bonds and alternative payment protection else the.! Each subcontract exceeding $ 35,000 but not exceeding $ 150,000 will return the guarantee fee bond for than! Is modified, the contracting officer may impose reasonable fees to cover the cost of copying and providing a of. Geographic dispersion of assets, so that the potential of a performance bond ( see 28.102-1 28.106-3. The contract size can require payment and performance bond is often required often an for! Surety bonds are required to comply with applicable Federal and State Workers ’ compensation and disease... Do if you¿re on your behalf to guarantee your financial obligation to the statute. From financial losses nonconstruction contracts will comply with applicable Federal and State laws and regulations use of bonds alternative! Coinsurer or reinsurer also be affected by filed rates depending on the comprehensive form policy... Programs have proven to be performed outside the United States, is used when Reinsurance is furnished bonds... Amount shall be for performance bond requirements full contract performance period plus 1 year 48 CFR ) 53.228 b. 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