Latest provisions on bid bond in 2022
1 Article 26 of the Regulations for the Implementation of the Bidding Law stipulates that if a tenderer requires bidders to submit a bid bond in the bidding documents, the bid bond shall not exceed 2% of the estimated price of the project subject to tender. The validity period of the bid bond shall be consistent with the validity period of the bid. The bid bond submitted by the domestic bidding unit in the form of cash or cheque for the project subject to bidding according to law shall be transferred from its basic account. The tenderer shall not misappropriate the bid bond.
2. The Measures for Tendering and Bidding of Construction Projects and the Measures for Tendering and Bidding of Construction Project Goods stipulate that the bid bond shall generally not exceed 2% of the total bid price, with a maximum of 800,000 yuan.
3. Article 24 of the Measures for Bidding and Tendering of Survey and Design of Engineering Construction Projects stipulates that if the tender documents require bidders to submit a bid bond, the amount of the deposit shall generally not exceed 2% of the survey and design fee, and the maximum amount shall not exceed 654.38+10,000 yuan.
4. Article 22 of the Regulations on the Management of Investors' Bidding for Operating Highway Construction Projects stipulates that the amount of bid bond for new operating highway construction projects is generally 3‰ of the project investment, but the maximum amount shall not exceed 5 million yuan.
5. The Measures for the Administration of Bidding for Housing Construction and Municipal Infrastructure Projects stipulates that the bid bond for housing construction and municipal infrastructure projects generally does not exceed 2% of the total bid price, with a maximum of 500,000 yuan.
6. Article 36 of the Measures for the Administration of Tendering and Bidding for Government Procurement of Goods and Services stipulates that the investment amount and deposit amount stipulated by the tendering and purchasing unit shall not exceed 1% of the estimated budget of the procurement project.
Legal provisions on the refund time of bid bond
The "Regulations for the Implementation of the Bidding Law" stipulates that the time for returning the bid bond is within 5 days (note that it is not a working day). Nowadays, in order to optimize the business environment, many regions will return the bid bond in advance, some within three working days from the date of winning the bid, and some will automatically return it on the day after the bid expires.
Legal basis: Regulations on the Implementation of the Bidding Law
Article 35 If a bidder withdraws the submitted bidding documents, it shall notify the tenderer in writing before the deadline for bidding. If the tenderer receives the bid bond, it shall return it within 5 days from the date of receiving the written withdrawal notice from the bidder.
If the bidder cancels the bidding documents after the deadline, the tenderer may not return the bid bond.
Article 57 A tenderer and the winning bidder shall sign a written contract in accordance with the provisions of the Bidding Law and these Regulations, and the main terms of the contract, such as the subject matter, price, quality and performance period, shall be consistent with the contents of the tender documents and the bidding documents of the winning bidder. The tenderer and the winning bidder shall not conclude other agreements that deviate from the substantive contents of the contract.
The tenderer shall, within 5 days after signing the written contract at the latest, refund the bid bond and bank deposit interest for the same period to the winning bidder and unsuccessful bidder.
Article 66 Where a tenderer collects bid bond or performance bond in excess of the proportion stipulated in these Regulations or fails to return bid bond and bank deposit interest in the same period in accordance with regulations, the relevant administrative supervision department shall order it to make corrections and may impose a fine of less than 50,000 yuan; If losses are caused to others, they shall be liable for compensation according to law.