The bid bond is returned, and how to return the bid bond

According to the Regulations for the Implementation of the Tendering and Bidding Law, "the tenderer shall, at the latest, return the bid deposit and bank deposit interest to the winning bidder and the unsuccessful bidder within 5 days after the written contract is signed." ”

According to the Interim Provisions on the Bid Evaluation Committee and Bid Evaluation Methods, "Article 40 The bid evaluation and award shall be completed 30 working days before the end of the validity period of the bid. If the bid evaluation and award cannot be completed before 30 working days before the end of the validity period of the bid, the tenderee shall notify all bidders to extend the validity period of the bid. Bidders who refuse to extend the validity period of the bid have the right to withdraw the bid bond.

The awardee who agrees to extend the validity period of the bid shall extend the validity period of its bid guarantee accordingly, but shall not modify the substantive content of the bid documents. If the bidder loses due to the extension of the validity period of the award, the tenderee shall compensate for it, except for the need to extend the validity period of the bid due to force majeure. ”

According to the above provisions, after the expiration of the validity period of the bid, the bidder has the right to withdraw the bid bond.

Legal analysis: 1. To determine the winning bidder, the handling department shall fill in the application form for the return of the bid deposit, which shall be approved by the company.

2. After the contract is signed, the bidder shall return the bid deposit within 5 days with the receipt.

The Measures for Bidding and Bidding for the Construction of Engineering Construction Projects stipulate that the tenderer shall, at the latest, return the bid deposit and bank deposit interest to the winning bidder and the unsuccessful bidder within five days after signing the contract with the winning bidder.

The Regulations for the Implementation of the Tendering and Bidding Law stipulate that if the tenderer terminates the bidding, it shall issue an announcement in a timely manner, or notify the potential bidders who have been invited or have obtained the prequalification documents and bidding documents in writing. If the prequalification documents and bidding documents have been sold or the bid bond has been collected, the tenderer shall promptly return the fees collected for the prequalification documents and bidding documents, as well as the bid bond and bank deposit interest for the same period.

Legal basis: Article 31 of the Regulations for the Implementation of the Tendering and Bidding Law of the People's Republic of China If the tenderer terminates the bidding, it shall issue an announcement in a timely manner, or notify the potential bidders who have been invited or have obtained the prequalification documents and bidding documents in writing. If the prequalification documents and bidding documents have been sold or the bid bond has been collected, the tenderer shall promptly return the fees collected for the prequalification documents and bidding documents, as well as the bid bond and bank deposit interest for the same period.

The bid bond refers to the bidder in accordance with the requirements of the bidding documents issued to the tenderer, in a certain amount of bid liability guarantee.

Legal basis: "Bidding and Bidding Law of the People's Republic of China" Article 36 When the bid is opened, the bidder or its elected representative shall check the sealing of the bidding documents, or it can be inspected and notarized by a notary public entrusted by the tenderer; After being confirmed, the staff will open the package in public and read out the name of the bidder, the bidding ** and other main contents of the bidding documents. All bidding documents received by the tenderer before the deadline for submitting bidding documents required by the tendering documents shall be unsealed and read out in public when the bid is opened.

The bid opening process shall be recorded and archived for future reference.

Legal analysis: Generally, after the winning bidder is determined, the handling department fills in the application form for the return of the bid deposit, and the manager (director) of the handling department and the general manager of the company approve the return of the deposit. In the case of an unsuccessful unit, the deposit will be refunded:

The handling department will submit the application for the return of the bid bond to the Finance Department, and the bidder shall handle the return of the bid bond within 5 days with the receipt. Finally, if it is the return of the deposit of the bidder: the winning bidder shall return the deposit within 5 days with the receipt after the contract is signed.

Legal basis: Article 46 of the Tendering and Bidding Law of the People's Republic of China The tenderer and the winning bidder shall, within 30 days from the date of issuance of the notice of winning the bid, enter into a written contract in accordance with the bidding documents and the bidding documents of the winning bidder. The tenderer and the winning bidder shall not infiltrate and enter into other agreements that deviate from the substantive content of the contract.

If the bidding documents require the bidder to submit a performance bond, the winning bidder shall submit it.

Article 60 of the Tendering and Bidding Law of the People's Republic of China If the winning bidder does not perform the contract with the tenderer, the performance bond shall not be refunded, and the losses caused to the tenderer exceed the amount of the performance bond, and the excess part shall be compensated; If the performance bond is not submitted, it shall be liable for the losses of the tenderer.

If the winning bidder fails to perform its obligations in accordance with the contract signed with the tenderer, and the circumstances are serious, it shall be disqualified from bidding for projects that must be tendered in accordance with the law within two to five years and shall be announced, until the business license is revoked by the administrative authority for industry and commerce.

Where the contract cannot be performed due to force majeure, the provisions of the preceding two paragraphs do not apply.

Legal analysis: The validity period of the bid bond shall be consistent with the validity period of the bid. If the bidder does not win the bid after the bid is opened, the bidding deposit should be returned in a timely manner, and if it is not returned, it constitutes a breach of contract and can be sued to the court.

Legal basis: Regulations on the Implementation of the Tendering and Bidding Law of the People's Republic of China

The 35th stupid chain bidder withdraws the submitted bidding documents, shall notify the tenderer in writing before the deadline for bidding. If the tenderer has received the bid bond, it shall be refunded within 5 days from the date of receipt of the bidder's written withdrawal notice. If the bidder withdraws the bid documents after the bidding deadline, the tenderer may not return the bid deposit.

Article 57 The tenderer and the winning bidder shall sign a written contract in accordance with the provisions of the Tendering and Bidding Law and these Regulations, and the main terms of the contract, such as the subject matter, the absolute price, the quality, and the performance period, shall be consistent with the content of the bidding documents and the bidding documents of the winning bidder. The tenderer and the winning bidder shall not enter into other agreements that deviate from the substantive content of the contract. The tenderer shall, at the latest, within 5 days after the signing of the written contract, return the bid deposit and bank deposit interest to the winning bidder and the bidder who has not won the bid.