Monday, 16 April 2018

Secrets of Bonding: "How To Avoid The T-List"

Familiar with this? "T-List" is the bond vernacular for the Treasury List or more formally: Circular 570. The document is produced annually and maintained by the Bureau of Fiscal Service, US Department of Treasury.

Their web page says it is the Treasury's "Listing of Certified Companies."

The purpose of the list is to establish a pool of surety companies that the government finds acceptable to bond federal projects. Having this group established in advance avoids the need for federal contracting officers to vet the bonding company during each contract award process. It helps speed things up except for one problem: Not all bonding companies are on the list.

Why is this? Does it mean they are not strong or ethical? Does it mean their bonds are no good? Not necessarily.

Remember, when it comes to corporate sureties, they are subject to state regulation even if they are not on the T-List. So not being on the list could mean:

The surety has applied for approval and is still being processed
They applied and were declined or deferred to a future date
They have chosen to not apply to be on the list.
Point is - it does necessarily mean anything bad.

For some contractors, they may have a surety relationship in place, but when they go after a federal job, they learn that their surety is not T-Listed. Must they avoid federal work or find a new surety that is on the approved list?

No... It turns out there are situations in which the federal government does not require a T-Listed surety.

For construction contracts from $35,000 to $150,000, the government can accept alternative methods of payment protection other than a surety bond. These are:

Irrevocable Letter of Credit issued by a commercial bank
Tripartite Agreement managed by a federally insured bank
Certificate of Deposit
Deposit of acceptable securities (Reference F.A.R section 28.102-1)
For work performed in a foreign country, the bond can be waived entirely if the contracting officer concludes it is impracticable for the contractor to provide a surety bond. (Reference F.A.R section 28.102-1)

Individual Surety bonds are an alternative to corporate sureties and they are never on the T-List. (Reference F.A.R section 28.201)

Other forms of security may be used such as:

United States Bonds or notes
Certified or Cashier's Checks
Bank Drafts
Money Orders
Currency
Irrevocable Letter of Credit

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