Legal analysis: Yes, if the bidder withdraws his bid documents within the validity period of the bid, or fails to sign a construction contract after winning the bid, or fails to provide performance guarantee after winning the bid, the tenderer has the right not to return the bid bond as long as one of the following circumstances occurs. Confiscation of bid bond: If the winning bidder abandons the winning project, fails to sign a contract with the tenderer without justifiable reasons, puts forward additional conditions to the tenderer or changes the substantive contents of the contract when signing the contract, or refuses to pay the prescribed performance bond, the tenderer may cancel his bid qualification and confiscate his bid bond. After the deadline for submission of bid documents and before the deadline for bid validity stipulated in the tender documents, the bidder shall not supplement, modify, replace or withdraw its bid documents. If the bidder supplements, modifies or replaces the bidding documents, the tenderer will not accept them; If the bidder withdraws his bid documents, his bid bond will be confiscated.
Legal basis: Article 3 of the Bidding Law of People's Republic of China (PRC). The following construction projects in People's Republic of China (PRC), including engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, must be subject to tender:
(a) large-scale infrastructure, public utilities and other projects related to social interests and public safety;
(2) Projects that are wholly or partially invested with state-owned funds or financed by the state;
(3) Projects that use loans or aid funds from international organizations or foreign governments.
The specific scope and scale standards of the projects listed in the preceding paragraph shall be formulated by the development planning department of the State Council in conjunction with the relevant departments of the State Council and submitted to the State Council for approval.
Where the law or the State Council has provisions on the scope of other projects that must be subject to tender, such provisions shall prevail.