Bid Bonds · Bid Bonds

From Bid Bond to Performance Bond: What Converts

The phrase “converting the bid bond” is common on job sites and is not a thing that happens. Two instruments exist, they are issued at different moments, and the first one is a promise about the second.

What the bid guarantee actually promises

FAR 28.001 defines it in two numbered parts. A bid guarantee is a form of security assuring that the bidder

“(1) Will not withdraw a bid within the period specified for acceptance; and (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.”

Promise (1) is the one everybody knows: hold your price.

Promise (2) is the one that matters here, and it is easy to read past. The bidder is promising to furnish required bonds — to go and obtain performance and payment bonds and hand them over. That promise would be meaningless if the bid guarantee were itself those bonds. You do not promise to furnish the thing you have already furnished.

Why the requirement exists at all

FAR 28.101-1(a) links the two directly:

“bid guarantees shall be required whenever a performance bond or a performance and payment bond is required”

with waiver available to the chief of the contracting office.

So the bid guarantee is not a free-standing idea about bid seriousness. It is attached to the bonds. Its whole function is to give the Government a remedy if a bidder wins and then cannot or will not produce the performance and payment bonds the contract requires.

Read that way, the structure is simple: the bid guarantee protects the promise, and the performance bond performs the work.

The amounts are measured against different things

FAR 28.101-2(b) sets the bid guarantee at

“at least 20 percent of the bid price but shall not exceed $3 million.”

The performance bond, by contrast, is measured against the original contract price — 100 percent of it under FAR 28.102-2(b)(1), with “original contract price” defined at 28.102-2(a) as the award price.

Different bases, different percentages, a cap on one and not the other. Two instruments that converted into one another could not be sized by two unrelated formulas.

What actually carries over

Not the paper. What carries over is the surety’s underwriting.

A surety does not issue a bid guarantee casually, because promise (2) exposes it to the cost of the winning bidder’s failure to bond. In practice the surety has already formed a view about whether it would issue the performance bond before it agrees to the bid guarantee. That view is the continuity between the two instruments — not a document that transforms.

Which is why the awkward cases are the ones where something changed between bid and award: the scope moved, the schedule moved, the contractor’s backlog filled up with other wins, or the low bid turned out to be low for a reason the surety now wants to talk about.

What happens if the bonds do not appear

That is the scenario the bid guarantee is built for, and it is its own subject — the remedy runs against the bid guarantee, and the consequences for the bidder do not stop at the money.

What this page does not cover

Everything above is federal, under FAR Part 28. State and local bid security rules are set by their own statutes, and they differ on the percentage, on whether a certified check or other instrument may stand in place of a bond, and on what happens to the security when a low bidder walks away.

It also does not cover annual bid bonds, which the FAR defines but confines to contracts other than construction.

Frequently asked questions

Does a bid bond become the performance bond?
No. They are separate instruments. FAR 28.001 defines a bid guarantee as security that the bidder will not withdraw the bid and “will execute a written contract and furnish required bonds, including any necessary coinsurance or reinsurance agreements, within the time specified in the bid.” Furnishing the performance bond is the promise; it is not the same paper.
Why is a bid guarantee required at all?
FAR 28.101-1(a) ties it to the bonds themselves: “bid guarantees shall be required whenever a performance bond or a performance and payment bond is required.” Where no performance bond is required, the bid guarantee generally is not either — it exists to make the promise of those bonds enforceable.
How large is a federal bid guarantee?
FAR 28.101-2(b) sets it: “The bid guarantee amount shall be at least 20 percent of the bid price but shall not exceed $3 million.” It is a percentage of the bid, not of the contract as awarded, and it is capped.
Can the bid guarantee requirement be waived?
FAR 28.101-1(a) permits waiver by the chief of the contracting office. It is an exception exercised by a named official, not something a bidder elects, and a solicitation is the place to find out whether it has been used.
Does winning the bid mean the performance bond is approved?
Not automatically. The bid guarantee is a surety’s commitment that stands behind your promise to furnish the bonds, which is why sureties underwrite before issuing one. But the performance bond is separately executed for the awarded contract, and the award price may not be the price the surety originally considered.

The question the bid bond is really asking

A surety writing your bid guarantee is answering one question: if this bidder wins, will we be willing to bond the job? The bid bond is that willingness, written down and made enforceable. It is why the bid bond is rarely the hard part and never the whole conversation — and why a contractor who treats it as a formality can find the real underwriting still ahead of them, with a signed low bid already on the table.

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