48 C.F.R. PART 828—BONDS AND INSURANCE
Title 48 - Federal Acquisition Regulations System
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
Source: 49 FR 12612, Mar. 29, 1984, unless otherwise noted.
Where a bid bond is required for supplies or services, the phrase “any cost of acquiring the work” in paragraph (e) of the BID GUARANTEE clause in FAR 52.228–1 may be modified to refer to the cost of “supplies,” “services,” etc. [49 FR 12612, Mar. 29, 1984. Redesignated at 64 FR 40519, July 27, 1999.] (a) Certified checks or other negotiable security furnished as bid security with the three lowest acceptable bids will be retained in a safe. These will be returned by any method that will provide evidence of receipt, or in person upon presentation of proper receipt, after the contract and contract bonds have been signed and approved. (b) Certified checks or other negotiable security furnished in support of other than the three lowest acceptable bids should be returned promptly to the respective bidders by any method that will provide evidence of receipt or in person upon presentation of proper receipt. (c) Commercial bid bonds are not returned unless specifically requested by the bidders, and, even if requested by any of the three low bidders, are not returned until the contract and contract bonds have been executed by the successful bidder, or all bids have been rejected. [49 FR 12612, Mar. 29, 1984, as amended at 64 FR 40519, July 27, 1999] For all contracts except contracts awarded by the Office of Facilities Management, the head of the contracting activity, as defined in 802.100, shall be the Department designee referenced in FAR 28.106–6(c) to furnish copies of payment bonds to requestors. For contracts awarded by the Office of Facilities Management, the Office of Facilities Management contracting officer shall be the Department designee. [64 FR 40519, July 27, 1999] When performance and payment bonds are required, the contract will contain the clause prescribed in 852.228–70. [49 FR 12612, Mar. 29, 1984. Redesignated at 64 FR 40519, July 27, 1999] Source: 64 FR 40519, July 27, 1999, unless otherwise noted.
The Deputy Assistant Secretary for Acquisition and Materiel Management is delegated authority to make the determinations referenced in FAR 28.203–7 to exclude individuals from acting as surety on bonds and to accept bonds from individuals named on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. (a) Term contracts, or contracts of a continuing nature, for ambulance, automobile and aircraft service, will contain the provision in 852.237–71. (b) Exceptions. The provisions of paragraph (a) of this section do not apply to emergency or sporadic ambulance service authorized by VA Manual MP–1, part II, chapter 3; or other emergency or sporadic vehicle or aircraft services. Provided, That such service is not used solely for the purpose of avoiding entering into a continuing contract. Provided further, That such services will be obtained from firms known to carry insurance coverage in accordance with State or local requirements. [49 FR 12612, Mar. 29, 1984, as amended at 64 FR 40519, July 27, 1999] (a) This subpart sets forth the policies and procedures concerning indemnification of contractors performing contracts covering medical research or development which involve risks of an unusually hazardous nature, as authorized by 38 U.S.C. 7317. (b) The authority to indemnify the contractor under this subpart does not create any rights to third parties which would not otherwise exist by law. (c) As used in this subpart the term “contractor” includes subcontractors of any tier under a contract containing an indemnification provision pursuant to 38 U.S.C. 7317. [49 FR 12612, Mar. 29, 1984, as amended at 63 FR 69221, Dec. 16, 1998; 64 FR 40519, July 27, 1999] (a) The approval for the indemnification of contractors will be made by the Secretary of Veterans Affairs. (b) Contracting Officers shall submit requests for approval, together with all available information, to the Deputy Assistant Secretary for Acquisition and Materiel Management (95) for transmittal to the Secretary. [49 FR 12612, Mar. 29, 1984, as amended at 54 FR 24173, June 6, 1989; 54 FR 30044, July 18, 1989; 63 FR 69221, Dec. 16, 1998] (a) Any contract for medical research or development authorized by 38 U.S.C. 7303, the performance of which involves a risk of an unusually hazardous nature, may provide that the Government will indemnify the contractor against either or both of the following, but only to the extent that they arise out of the direct performance of the contract and to the extent not covered by the financial protection required under 828.7103. (1) Liability (including reasonable expenses of litigation or settlement) to third persons, except liability under State or Federal worker's injury compensation laws to employees of the contractor employed at the site of and in connection with the contract for which indemnification is granted, for death, bodily injury, or loss of or damage to property, from a risk that the contract defines as unusually hazardous. (2) Loss of or damage to property of the contractor from a risk that the contract defines as unusually hazardous. (b) A contract that provides for indemnification in accordance with this subpart must also provide for: (1) Notice to the contracting officer of any claim or suit against the contractor for death, bodily injury, or loss of or damage to property; and (2) Control of or assistance in the defense by the Government, at its election, of such suit or claim for which indemnification is provided in the contract. [49 FR 12612, Mar. 29, 1984, as amended at 63 FR 69221, Dec. 16, 1998] (a) The amount of financial protection that the contractor is required to have and maintain to cover liability to third persons and loss of or damage to the contractor's property shall be the maximum amount of insurance available from private sources; however, the Secretary may establish a lesser amount after taking into consideration the cost and terms of private insurance. (b) The financial protection may include private insurance, private contractual indemnities, self-insurance, other proof of financial responsibility, or a combination of such forms to provide the maximum amount required. When the contractor elects to utilize self insurance, proof of such financial responsibility up to the maximum amount required will be furnished the contracting officer prior to award. [49 FR 12612, Mar. 29, 1984, as amended at 64 FR 40519, July 27, 1999]
Title 48: Federal Acquisition Regulations System
PART 828—BONDS AND INSURANCE
Section Contents
828.101 Bid guarantees.
828.101-2 Contract clause.
828.101-70 Safekeeping and return of bid guarantee.
828.106 Administration.
828.106-6 Furnishing information.
828.106-70 Bond premium adjustment.
828.203-7 Exclusion of individual sureties.
828.306 Insurance under fixed-price contracts.
828.7100 Scope of subpart.
828.7101 General.
828.7102 Extent of indemnification.
828.7103 Financial protection.
Subpart 828.1—Bonds and Other Financial Protections
top
828.101 Bid guarantees.
top
828.101-2 Contract clause.
top
828.101-70 Safekeeping and return of bid guarantee.
top
828.106 Administration.
top
828.106-6 Furnishing information.
top
828.106-70 Bond premium adjustment.
top
Subpart 828.2—Sureties and Other Security for Bonds
top
828.203-7 Exclusion of individual sureties.
top
Subpart 828.3—Insurance
top
828.306 Insurance under fixed-price contracts.
top
Subpart 828.71—Indemnification of Contractors, Medical Research or Development Contracts
top
828.7100 Scope of subpart.
top
828.7101 General.
top
828.7102 Extent of indemnification.
top
828.7103 Financial protection.
top
