§253. Bid bonds accompanying bids

A. Every bid submitted for projects in excess of fifty thousand dollars shall be accompanied by a bid bond guaranteed by a surety company qualified to do business in this state. The bid bond submitted shall be for five percent of the official bid amount.

B.(1) The bid bond shall be forfeited to the department or other named obligee if the bidder fails to make the required bond, fails to execute the contract, or fails to comply with any provision necessary for execution of the contract.

(2) Should the forfeited bid bond in any manner be limited or not payable on demand, the bidder will be disqualified from bidding or approval as a subcontractor on any department advertised project for a period of one year following nonpayment.

C. The bid bonds of unsuccessful bidders shall not be returned by the department.

D. Bid bonds shall be written by a surety or insurance company currently on the U.S. Department of Treasury Financial Management Service list of approved bonding companies which is published annually in the Federal Register, or by a Louisiana-domiciled insurance company with at least an A- rating in the latest printing of the A. M. Best's Key Rating Guide.

Amended by Acts 1956, No. 41, §1, Acts 1960, No. 525, §1; Acts 1964, No. 88, §1; Acts 1977, No. 291, §1; Acts 1979, No. 179, §2, eff. July 3, 1979; Acts 1997, No. 1112, §1, eff. July 14, 1997; Acts 1998, 1st Ex. Sess., No. 26, §1, eff. April 24, 1998; Acts 1998, 1st Ex. Sess., No. 36, §1, eff. April 24, 1998; Acts 1999, No. 366, §1, eff. June 16, 1999; Acts 1999, No. 652, §1; Acts 1999, No. 1310, §1, eff. July 12, 1999; Acts 2001, No. 575, §§1and 2; Acts 2007, No. 386, §1, eff. July 1, 2007.