Policies and guarantees in state contracting: seriousness, compliance, and SECOP II

Quick answer: In a process with the State, the insurance policy is not just a document to upload and forget. It must match the tender specifications in value, validity, and coverage, and the entity must approve it within SECOP II. The most common mistake I see is that the proponent meets the legal minimum percentage, but the specifications asked for more, or the file is uploaded and nobody approves it. Result: signed contract, but unable to start.

Before thinking about guarantees, make sure you are qualified to bid. If you do not have your registration up to date yet, start with how to register or renew the RUP at the Chamber of Commerce, and also check the general RUP guide. This guide is informative: it does not replace the tender specifications, the issued policy, or legal advice, and it does not guarantee an award.

What is a guarantee and which forms can you use

A guarantee in state contracting is the backing that the entity requires to protect itself if the bidder or contractor fails to perform. According to article 2.2.1.2.3.1.2 of Decree 1082 of 2015, there are three types: an insurance contract contained in a policy, a trust fund, and a bank guarantee.

In practice, almost everyone uses an insurance policy, but it is not the only door. An important exception: extra-contractual civil liability can only be covered by an insurance contract (article 2.2.1.2.3.1.5). Neither a trust fund nor a bank guarantee works there.

Bid bond (Seriedad de la oferta)

It is presented along with the offer and has a punitive nature: if it becomes enforceable, the entity receives the insured value without having to prove the amount of damages. According to article 2.2.1.2.3.1.9, the value must be at least 10% of the offer value, and the validity runs from the presentation of the offer until the approval of the performance bond.

It covers events such as not signing the contract without just cause, withdrawing the offer after the deadline, not granting the performance bond, and not extending the validity when the award or signing is postponed. The detail of that last event and the extension deadlines is in article 2.2.1.2.3.1.6 and in your specifications; read it there instead of relying on summaries.

Watch out for two things. First: the specifications may ask for more coverage or longer validity than the legal minimum. Second: Decree 1860 of 2021 allows Colombia Compra Eficiente to define a differential sufficiency for startups, women-owned businesses, and MSMEs. This guide does not set that percentage; verify the current figure at colombiacompra.gov.co.

Performance bond (Garantía única de cumplimiento) and its coverage

Once the contract is awarded, the performance bond is established, which can include several types of coverage. The main ones are:

• Performance (Cumplimiento): minimum validity until the liquidation of the contract and value of at least 10% of the contract value (article 2.2.1.2.3.1.12). If the contract exceeds one million SMMLV (Minimum Monthly Wages), the floor can drop and is calculated based on the contract value. Between more than one million and five million SMMLV, the entity may accept at least 2.5%. Between more than five million and ten million SMMLV, the floor can be at least 1%. Above ten million SMMLV, it may accept at least 0.5%. That scale is calculated based on the contract, not the offer, and does not apply to the bid bond.
• Advance payment (Anticipo o pago anticipado): if it exists, the coverage is 100% of that sum, in money or in kind.
• Wages, social benefits, and labor indemnities: value not less than 5% of the total contract value and validity for the duration of the contract plus three years, counted from the agreed completion date (article 2.2.1.2.3.1.13).
• Stability and quality of the work: the value is defined by the entity; the validity is not less than five years from the satisfactory receipt (article 2.2.1.2.3.1.14).

Service quality and goods quality are also covered, but their value and validity are set by the entity in the process documents. There is no universal number you can copy.

What the wage coverage does not do

This is the most expensive misunderstanding. The coverage protects the entity from losses suffered due to the contractor's labor non-compliance. It does not pay your workers' payroll on its own: if they do not collect from the administration and the administration has not recognized the debt, there is no automatic payment. It applies primarily to contracts with staff, such as construction, cleaning, or security.

Work stability: neither always five years nor less than one

Following Decree 399 of 2021, the entity can set a period of less than five years when technically justified, but never less than one year. And it is counted from the satisfactory receipt, not from the signing.

When the entity may not require guarantees

It is not mandatory to require them in direct contracting, minimum amount purchases, or large-scale retail acquisitions (article 2.2.1.2.1.4.5). The decision must be justified in the studies and previous documents, as also established in article 2.2.1.2.1.5.4. In other modalities, bid bond and performance bond are treated as mandatory.

My advice: do not assume. If the invitation or specifications ask for a policy, establish it exactly as that document says, even if the law would allow you to omit it.

How it is uploaded and approved in SECOP II

The order matters. When the contract is already approved and published, the provider sends the file link to the issuer of the guarantee, it is processed and submitted via SECOP II. The entity reviews it in Contracts, contract details, Configuration, guarantees. If it has an approval workflow, it uses 'Submit for approval' and only then can it publish it; if it rejects it, it must justify it.

Approval is an action within the platform. According to concept C-1582 of 2025 from the Colombia Compra Reporting Office, an official letter or external PDF does not replace it, and a professional services contractor does not have the authority to approve policies. Therefore, be careful with anyone who offers to 'leave the policy approved' in exchange for a payment or with a PDF document: that does not substitute the entity's approval in SECOP II.

If you are an independent contractor and will collect after starting, also review the billing account and supporting document guide. It is a different procedure: the billing account is not a guarantee.

Checklist before sending the policy

1. The beneficiary is the contracting entity, with its correct tax ID (NIT).
2. The number and object of the process or contract match those of the specifications.
3. The insured value of each coverage was calculated on the correct basis: offer for bid bond, contract for performance bond.
4. The start and end dates of each coverage cover the required validity (liquidation, duration plus three years, five years from receipt).
5. The percentages in the specifications, if they exceed the legal minimum, are reflected.
6. If there is an advance, its 100% coverage exists.
7. Name or company name of the policyholder equal to that of your offer and your RUP.

This time cost is real: a date correction can result in the policy being returned and delay the start. This guide cannot determine how much an insurer charges; that value depends on your case and you must request it directly.

Dated note: Monday, October 12, 2026

That day is reported as a national holiday and, falling on a Monday, without transfer. This does not by itself suspend the tender deadlines or the insurers' business hours. If your closing or approval is approaching, confirm your insurer's cutoff in advance. The Colombia Compra help desk, according to its consulted page, is open from Monday to Friday from 7:00 a.m. to 7:00 p.m. and Saturdays from 8:00 a.m. to 12:00 p.m. (verify the current figure in the official source).

Practical closing: read the tender documents twice, compare each line with the issued policy, and do not consider anything approved until you see it approved in SECOP II.

Frequently asked questions

❓ Is the bid bond always 10% of the offer?

The legal floor is at least 10% of the offer value, but the tender documents may require more. Do not apply the 2.5%, 1%, and 0.5% scale, which corresponds to the performance of very large contracts. There is a differential sufficiency for certain proponents (verify in the official source).

❓ Until when should the performance bond last and on what value?

At a minimum until the contract settlement, and for at least 10% of the contract value, not the offer value. The lower scale applies only if the contract exceeds 1,000,000 SMMLV, according to Article 2.2.1.2.3.1.12. Also check what your tender documents require (verify in the official source).

❓ Does the wage protection coverage pay the workers?

Not directly. It covers damages suffered by the entity due to the contractor's labor breaches and does not pay the payroll if workers do not charge the administration and the administration does not recognize the debt. The minimum is 5% of the total value and the validity is the contract term plus three years (verify in the official source).

❓ Is work stability five years counted from the signing date?

No, they are counted from the satisfactory receipt of the work, and they must not be less than five years unless justified. After Decree 399 of 2021, the entity can set a shorter period, but never less than one year. The value is defined by the entity (verify in the official source).

❓ Is it enough to upload the PDF or a signed minutes in SECOP II?

No. The entity must approve the guarantee within the platform, and a PDF or external official letter does not replace that step. Furthermore, a service provider contractor cannot approve policies. If someone charges for "getting it approved," be suspicious (verify in the official source).

❓ In minimum amount or direct contracting, do they always ask for a policy?

Not always. In direct contracting, minimum amount, and large retail purchases, the guarantee is not mandatory, but the entity must justify in the preliminary studies whether it requires it or not. If the invitation requests it, you must constitute it as indicated (verify in the official source).

❓ Can I replace the policy with a bank guarantee or an autonomous trust?

Yes, for bid bonds and performance bonds, because the law admits insurance policies, autonomous trusts, and bank guarantees. The exception is extra-contractual civil liability, which is only covered by an insurance contract. Confirm what your tender documents accept (verify in the official source).