---
kind: "section"
citation: "48 C.F.R. § 28.101-3"
title: "48"
number: "28.101-3"
heading: "Authority of an attorney-in-fact for a bid bond."
url: "https://uscodex.org/cfr/48/28.101-3"
---

# §28.101-3. Authority of an attorney-in-fact for a bid bond.

- (a) Any person signing a bid bond as an attorney-in-fact shall include with the bid bond evidence of authority to bind the surety.
- (b) An original, or a photocopy or facsimile of an original, power of attorney is sufficient evidence of such authority.
- (c) For purposes of this section, electronic, mechanically-applied and printed signatures, seals and dates on the power of attorney shall be considered original signatures, seals and dates, without regard to the order in which they were affixed.
- (d) **The contracting officer shall—**
  - (1) Treat the failure to provide a signed and dated power of attorney at the time of bid opening as a matter of responsiveness; and
  - (2) Treat questions regarding the authenticity and enforceability of the power of attorney at the time of bid opening as a matter of responsibility. These questions are handled after bid opening.
- (e)
  - (1) If the contracting officer contacts the surety to validate the power of attorney, the contracting officer shall document the file providing, at a minimum, the following information:
    - (i) **Name of person contacted.**
    - (ii) **Date and time of contact.**
    - (iii) **Response of the surety.**
  - (2) If, upon investigation, the surety declares the power of attorney to have been valid at the time of bid opening, the contracting officer may require correction of any technical error.
  - (3) If the surety declares the power of attorney to have been invalid, the contracting officer shall not allow the bidder to substitute a replacement power of attorney or a replacement surety.
- (f) Determinations of non-responsibility based on the unacceptability of a power of attorney are not subject to the Certificate of Competency process of [subpart 19.6](/cfr/48/subpart19.6.md) if the surety has disavowed the validity of the power of attorney.

## Notes

### Amendments

[70 FR 57461, Sept. 30, 2005]

### Authority

Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 48 FR 42286, Sept. 19, 1983, unless otherwise noted.

### Amendments

[70 FR 57461, Sept. 30, 2005]