This clause was removed on October 31, 2018 pursuant to DFARS Case 2018-D036 entitled "Repeal of DFARS Provision "Bonds or Other Security" (DFARS Case 2018-D036)"
As prescribed in 228.170, use when a requirement for a performance bond or other security is included in a solicitation for dismantling, demolition, or removal of improvements (see FAR 37.300), use the provision at 252.228-7004, Bonds or Other Security. Set a period of time (normally ten days) for return of executed bonds.
This clause was removed on October 31, 2018 pursuant to DFARS Case 2018-D036 entitled "Repeal of DFARS Provision "Bonds or Other Security" (DFARS Case 2018-D036)"
Amends the DFARS to remove DFARS provision 252.228-7004, Bonds or Other Security, and the associated clause prescription at DFARS 228.170. FAR clause 52.228-16, Performance and Payment Bonds-Other than Construction, and FAR provision 52.228-1, Bid Guarantee, provide the information contained in the DFARS provision; therefore, this provision is duplicative and no longer necessary. The repeal of this DFARS provision supports a recommendation from the DoD Regulatory Reform Task Force established pursuant to E.O. 13777, "Enforcing the Regulatory Reform Agenda."
Affected parts/subparts/sections: Table of contents for part 228, 228.170; Table of Contents for part 252, and 252.228-7004.
ORIGINAL TEXT
BONDS OR OTHER SECURITY (DEC 1991)
(a) Offerors shall furnish a bid guarantee in the amount of $_________ with their bids. The offeror receiving notice of award shall furnish—
(1) A performance bond in the penal amount of $_________; and
(2) Payment in full of any sum due the Government.
(b) The Contractor shall furnish the performance bond to the Contracting Officer within _____ days after receipt of the notice of award. The Contracting Officer will not issue the notice to proceed until receipt of an acceptable performance bond and payment of any sum due the Government.
(c) Bonds supported by sureties whose names appear on the list contained in Treasury Department Circular 570 are acceptable. Performance bonds from individual sureties are acceptable if each person acting as a surety provides a SF 28, Affidavit of Individual Surety, and a pledge of assets acceptable to the Contracting Officer.
(End of provision)
This clause was removed on October 31, 2018 pursuant to DFARS Case 2018-D036 entitled "Repeal of DFARS Provision "Bonds or Other Security" (DFARS Case 2018-D036)"