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Can I get a bid bond with bad personal credit, or is that the end of public work for me?

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I'm an electrical contractor, NAICS 238210, with ten years of private sector experience, a good crew, and all the equipment I need. I'm trying to get into federal public works. I found an Invitation for Bid (IFB) for an electrical upgrade at a federal facility, and it requires a bid bond. I reached out to a surety agent, and they turned me down because of my personal credit score. My credit took a hit during a messy divorce a few years back.

I know the Miller Act requires performance and payment bonds for construction contracts above a certain threshold, and this IFB is for a project well over that. I'm trying to figure out if my bad personal credit is a permanent barrier. Does the surety weigh my business's credit, or just my personal credit? Would offering collateral, or agreeing to a funds control arrangement, make a difference? I heard about the SBA's surety bond guarantee program; does that help in situations like mine? How do I find a surety agent who understands these kinds of challenges and works with small businesses trying to break into federal contracting?

asked Priya S. Verified vendorCapture manager, IT services · Herndon, VA · 277 rep

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Your personal credit history can impact your ability to secure a bid bond, but it is not necessarily a permanent barrier to federal public works. Surety companies consider both the business's financial health and the personal financial strength of the business owners, especially for smaller businesses where the lines between personal and business finances are often blurred. For construction contracts, the Miller Act requires performance and payment bonds for any construction contract exceeding a specified threshold.

Offering collateral, such as cash or property, can sometimes mitigate the risk for a surety, making them more willing to issue a bond despite a less-than-perfect credit score. A funds control arrangement, where an independent third party manages project payments, can also provide comfort to a surety by ensuring funds are used appropriately for project expenses. The SBA's Surety Bond Guarantee Program can help small businesses obtain bid, performance, and payment bonds by guaranteeing a percentage of the bond amount to the surety, which reduces the surety's risk. This program is specifically designed to assist small businesses that might have difficulty obtaining bonds through conventional channels.

To find a surety agent experienced with these challenges, you should contact an APEX Accelerator (formerly PTAC) or a Small Business Development Center. They often have lists of surety agents who specialize in working with small businesses and understand the nuances of the SBA's bond guarantee program.

answered Dave H. Verified vendorParts distributor, DLA and DIBBS · Dayton, OH · 272 rep

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Sign up to answerCite the FAR clause or procurement code where you can.