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Key Case Law Rules for Government Contract Formation by Patrick Butler

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CHAPTER 8Protest Grounds Based on Sealed Bidding Procedures

1. BID GUARANTEES

Overview of This Protest Ground: Bid guarantees are a forms of security that are used in sealed bidding procedures (usually for construction) to make sure that (1) the bidder does not withdraw its bid during the specified period for acceptance and (2) the bidder will execute a written contract and furnish the required bonds if selected for award. See FAR § 28.001. The bid guarantee can also be used to offset excess reprocurement costs if the bidder violates those promises. Essentially, it can make a surety liable to the government for the bidder’s actions prior to ...

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