Bid Bond – Responsiveness

The submission of a proper bid bond is a material requirement of the bidding process which has a direct relationship to the responsiveness of the bid. The responsiveness of the bid bond is determined at the time of bid opening. Baucom Janitorial Service, Inc., B206353, 82-1 CPD ¶ 356. If the bid bond is defective, the central question is whether or not the bond is enforceable against the surety. J. W. Bateson Co., Inc., B189848, 77-2 CPD ¶ 472. Generally, if an uncertainty exists at the time of bid opening that there is a legally binding bond, then the bond is deemed unacceptable and the bid must be rejected as nonresponsive. A & A Roofing Co., Inc., B219645, 85-2 CPD ¶ 463.

Matter of: Conservatek Indus., Inc., B-254927 (Comp. Gen. Jan. 26, 1994).

Updated: July 25, 2018