The bid bond on FAA 4400-39 is the Federal Aviation Administration (FAA) form in which a bidder (the Principal) and one or more sureties promise the United States Government that the bidder will sign the contract documents and furnish required bonds if its bid is accepted. It identifies the bid by bid date, invitation number and type of work. On FillingPDF you can fill out the bid bond online and download or print the completed PDF; the form and its edition information are published by the FAA at faa.gov.
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What is FAA 4400-39?
Form FAA 4400-39, Bid Bond, is the Federal Aviation Administration (FAA) form in which a Principal that has submitted a bid and its Surety(ies) are firmly bound to the United States of America, called the Government, for a stated penal sum.
The bond is conditional. The obligation is void if the Principal, once the Government accepts the identified bid within the acceptance period stated in the bid (sixty days if none is specified), signs the further contractual documents and gives the bonds the accepted bid requires within the time specified (ten days after receiving the forms if none is specified). If the Principal fails to do so, it pays the Government the cost of procuring the work that exceeds the amount of the bid.
The form also says that each surety agrees its obligations are not impaired by extensions of the acceptance period that the Principal grants the Government. Notice of those extensions is waived, but only for extensions totaling no more than sixty calendar days beyond the originally allowed periods.
The FAA lists the form as active, edition date January 1, 2023, and the printed edition is FAA 4400-39 (01/23). The OMB Control No. is 2120-0595, and the FAA estimates about 25 minutes per response. The FAA office responsible for it is AAP-100, the Acquisition Policy Division.
Who needs to file FAA 4400-39?
The main group is a bidder, called the Principal on the form, that has submitted a bid to the Government and furnishes this bond with it. The bond states that the Principal has submitted the bid identified in the bid identification block.
A surety must also take part. The form has places for individual sureties and for corporate sureties, and it allows more than one: the obligation covers co-sureties, and each corporate surety shows its own liability limit. Where no limit of liability is indicated, the form sets the limit at the full amount of the penal sum.
The Principal also states its type of organization: individual, partnership, corporation or joint venture, marking one with an "X". A corporation gives its state of incorporation, and corporate signers use the corporate seal space.
Signature blocks are provided for up to three Principal signers and, for individual sureties, two signers. The form does not say who may sign for an organization; the signers' names and titles are entered typed. Questions about the form can go to the Acquisition Policy Division at [email protected].
When to file FAA 4400-39
The bond is executed when the bid it secures is prepared, and the form sets one date rule: the Date Bond Executed must not be later than the bid opening date. The form prints no separate filing deadline or renewal cycle.
After the bond is in place, timing runs from the Government's acceptance of the bid. The Principal must sign the further contractual documents and give the required bonds within the period set in the accepted bid. If that period is not specified, the form uses ten days after the Principal receives the forms. The acceptance period itself is the one stated in the bid, or sixty days if none is specified.
How to fill out FAA 4400-39
Enter the date the bond is executed
In the DATE BOND EXECUTED box at the top, enter the date. It must not be later than the bid opening date.
Enter the Principal's name and address
In the PRINCIPAL box, write the legal name and business address of the bidder.
Mark the type of organization
Mark one box with an "X": Individual, Partnership, Corporation or Joint Venture. If the Principal is a corporation, enter the State of Incorporation.
Enter the surety information
In the SURETY(IES) box, write the name and business address of each surety.
Complete the penal sum of the bond
In the Penal Sum of Bond block, enter the sum as a percent of the bid price or as an amount not to exceed, using the million, thousand, hundred and cents spaces for the amount.
Identify the bid
In the Bid Identification block, enter the bid date, the invitation number and what the bid is for (construction, supplies, or services).
Sign for the Principal
In the PRINCIPAL signature section, up to three signers sign, add their seals where marked, and enter their typed names and titles. A corporation also uses the corporate seal space.
Complete individual surety signatures
If an individual surety is used, up to two signers sign in the INDIVIDUAL SURETY(IES) section, add seals and enter typed names.
Complete the corporate surety section
In CORPORATE SURETY(IES), enter the surety's name and state of incorporation, its address and the Liability Limit ($). Then add signatures, typed names and titles, and the corporate seal.
Review, then download the completed PDF
Check that the execution date, bid identification and penal sum match the bid, and that every required signature and seal is in place. Download or print the completed PDF from FillingPDF and deliver it as the bid invitation directs.
How to submit FAA 4400-39
The form prints no mailing address, portal or other submission channel for the completed bond. It identifies the bid it secures by Bid Date and Invitation No., so the bond belongs with that bid; follow the instructions in the invitation for how and where bid documents are delivered.
Questions about the form go to the FAA's Acquisition Policy Division (AAP-100) at [email protected].
Do not use the address printed in the Paperwork Reduction Act statement (Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524) to deliver the bond. That address is only for comments on the burden estimate or other aspects of the information collection.
Make sure the bond carries the required signatures and seals before it goes out. FillingPDF lets you fill out and download the PDF; submission follows the channels the bid invitation sets.
Common mistakes to avoid
- Dating the bond later than the bid opening date; the form says the Date Bond Executed must not be later than the bid opening date.
- Marking more than one type of organization; the form asks you to "X" one of individual, partnership, corporation or joint venture.
- Leaving the liability limit blank for a corporate surety and assuming that limits its exposure; with no limit indicated, the form sets the limit at the full penal sum.
- Omitting the Bid Date or Invitation No. in the bid identification block, so the bond does not clearly tie to the bid it secures.
- Skipping signatures, typed names and titles, or seals where the form provides them for the Principal and the surety(ies).
- Leaving out the state of incorporation when the Principal is a corporation.
- Mailing the bond to the Information Collection Clearance Officer in Fort Worth, an address printed only for burden-estimate comments.
- Assuming surety notice is waived for any extension; the waiver covers extensions totaling no more than sixty calendar days beyond the original acceptance periods.
Frequently asked questions
What is a bid bond on FAA Form 4400-39?
It is a bond in which a bidder (the Principal) and its surety are bound to the United States for a penal sum. The obligation is void if the bidder, after its bid is accepted, signs the required contract documents and gives the required bonds on time.
What happens if the bidder does not sign the contract after bid acceptance?
The bid bond then requires the Principal to pay the Government any cost of procuring the work that exceeds the amount of the bid. The form describes this as the alternative to the obligation being void, and the surety is bound jointly and severally with the Principal.
Can the bid bond be dated after the bid opening date?
No. The form states that the Date Bond Executed must not be later than the bid opening date. Enter the execution date in the box at the top of the form, and check it against the bid opening date in the invitation.
How long does the Government have to accept the bid?
The period stated in the bid. If the bid specifies none, the form uses sixty days. After acceptance, the Principal has the time set in the bid to sign further documents and give bonds, or ten days after receiving the forms if none is set.
Do I need a corporate seal on the bid bond?
The form has seal spaces for the Principal signers and a Corporate Seal space for corporate Principals and corporate sureties. It also has seal spaces for individual sureties. Complete the seals that apply to each party that signs.
Where do I send FAA Form 4400-39 after completing it?
The form names no submission address or portal. It identifies the bid by bid date and invitation number, so follow the delivery instructions in that bid invitation. Questions can go to the FAA Acquisition Policy Division at [email protected].
Can I fill out the bid bond online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service, not the FAA, and it does not file or deliver the bond; you submit it through the channels the bid invitation sets.
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