Why do I need to pay a bid deposit? Do I have to pay a deposit for bidding?

Bid bond is a guarantee set by the tenderer, a guarantee way for the bidder to bid cautiously, in order to restrain the bidder's bidding behavior and protect the interests of the tenderer, the tenderer will require the bidder to provide a bid bond, and when the following circumstances occur, the tenderer has the right to confiscate the bid bond:

1) The bidder withdraws its bid documents within the validity period of the bid.

2) The winning bidder fails to submit a performance bond or sign a contract within the specified time limit.

The bidder shall, in accordance with the bid documents required by the way and amount of the bid bond submitted to the tenderer with the bid documents, the bidder does not submit the bid bond according to the requirements of the bidding documents, according to the bid documents will be rejected as a void bid.

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The bid bond can be understood as a threshold or guarantee to prevent the bidder from withdrawing the bid at will, or failing to perform after winning the bid.

The validity period of the bid is a period of time starting from the deadline for submitting the tender documents and ending with the time specified in the tender documents. During this period, bidders must be responsible for and bound by the tender documents they submit. Therefore, it has a certain restraining effect on both the tenderer and the winning bidder.

For the tenderer, since the bid bond is valid, the tenderer cannot extend the bidding process indefinitely, which will prompt them to award the bid as soon as possible.

For bidders, the bid bond can not only prevent them from treating bidding activities at will, but also reflect the strength of the enterprise from the side.

Legal analysis: the bid bond tenderer in the bidding documents requires the bidder to submit the bid bond must be paid.

Legal basis: Article 37 of the Measures for Bidding and Bidding for the Construction of Engineering Construction Projects The bidder shall, in accordance with the manner and amount required by the bidding documents, submit the bid bond to the tenderer with the bidding documents. If the bidder does not submit the bid bond according to the requirements of the bidding documents, the bidding documents will be rejected and the bid will be invalidated.

<> setting of bid bond is one of the core components of China's current procurement bidding documents, which has strong importance and practical characteristics. So why pay a bid bond? First, the bid bond is the premise of obtaining the bidding qualification The bid bond is used as the core content of the bidding documents in the procurement bidding and plays a key role in promoting.

Among them, there are clear provisions on the payment method, quantity, amount and time limit of the bid bond in the procurement bidding documents. According to the "Administrative Measures for Bidding and Bidding for the Procurement of Goods and Services" (Order No. 87 of the Ministry of Finance), the "Regulations on the Implementation of the Procurement Law of the People's Republic of China" (hereinafter referred to as the "Regulations") and relevant regulatory documents, the payment of the bid bond is an important prerequisite for the bidder to submit the bid documents. The right to participate in the competition is lost, so the payment of the bid bond is essentially a commitment to participate in the bidding activities, laying the foundation for ensuring that the bidder effectively participates in the bidding and passes the qualification and compliance review. Second, the binding effect, maintain the procurement bidding market environment "Procurement of goods and distribution of goods and services bidding and bidding management measures" (Ministry of Finance Order No. 87) Article 23 and Article 38 of the Peibu, "Regulations" Article 32 of the provisions of the bid bond have been standardized, played a binding role on both bidders and purchasers, ** Procurement Law Article 43 travel provisions also clarify the rights and obligations between the purchaser and the bidder, in accordance with equality, The principle of voluntariness is negotiated in the form of a contract.

It can be seen that the setting of the bid bond is in line with the market standards, and the bid bond is based on the market standards as the standard form of offer and commitment of both parties to the purchaser, which reflects the equality of both parties to the transaction and has strong practical and practical significance. 3. The bid bond can make up for the losses of the purchaser and provide financial protection for it Article 46 of China's "** Procurement Law" stipulates that when the notice of winning the bid and the transaction is officially issued, when the contractor gives up its own bid-winning project, it needs to bear legal responsibility. Article 49 of the "Regulations" stipulates that if the winning bidder or the contractor refuses to sign the contract, the purchaser may determine the subsequent candidates as the winning bidder or the contractor in the order of the winning bidder or the transaction candidate, or stop the bidding, cancel the qualification of the winning bidder and the contractor, and re-conduct the bidding.

Judging from the above clauses, the breach of contract by the winning bidder and the contractor can make up for the losses caused to the purchaser by not returning the bid bond, and the excess part shall be compensated if the amount of loss exceeds the bid bond. It can be seen that the establishment of the bid bond is not only a sanction for the specific behavior of the bidder, but also provides a financial guarantee for the legitimate rights and interests of the purchaser.