What is a Bid Bond?
When to use a Bid Bond:
- You are ready to enter into bid bond and you want to define the terms and conditions of such Agreement.
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, of , , (hereafter designated as "Bidder"), is submitting herewith to at , (hereafter designated as "Obligee") a bid, in accordance with plans and specifications previously supplied by Obligee, to construct a on the property located at , , .
NOW THEREFORE, we, the Bidder and of being authorized to transact a general surety business in the State as Surety, are held and firmly bound unto Obligee in the sum of , lawful money of the United States of America for the payment of which sum Bidder and Surety hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors, and assigns.
THE CONDITION OF THIS OBLIGATION IS SUCH that if Obligee accepts Bidder's bid, and bidder, within days after notice of the award of contract executes a contract and furnishes the bond[s] specified in the bidding or contract documents, or pays to Obligee any cost of obtaining another to perform the work specified in the bid which exceeds the amount of Bidder's bid, not to exceed the amount of this bond, this obligation shall be void; but otherwise this obligation shall remain in full force and effect.
This instrument shall be signed by , on behalf of and by , on behalf of .
Bid Bond FAQs
What is a Bid Bond vs Performance Bond?
A Bid Bond is typically submitted with your initial bid for a construction job. In essence, it gives your proposal the effect of saying, "If you choose our construction company, we can do the job for this amount and we have a Bid Bond to prove it." Whereas a Performance Bond guarantees that once you have already been selected and agree to do the work, you will perform as specified in the contract. The Performance Bond is a guarantee that you will not only complete the contract as agreed upon, but also that the work will be performed properly, in accordance with that agreement. A Bid Bond is submitted before the contract has been awarded or signed.
What is the cost of a Bid Bond?
Because Bid Bonds are guarantees being offered before binding agreements are entered into, they are relatively inexpensive. They often run in the $100-$350 range, depending on the market.
In order to secure a Bid Bond, the surety company will conduct an investigation into the business that is applying for one. The factors that will be considered include the bid cost, the location of the project, and the financial history of the contractor. Smaller projects will cost less and larger projects will cost moreâ€“typically a percentage of the total estimated project cost.
A Bid Bond should include information such as:
- the name of the contractor placing the bid
- the name of the business or organization requesting the bid
- a description of the construction project, including its specific location
- the name of the surety company guaranteeing the bid
- the bid amount that is guaranteed
- the number of days in which the final contract must be signed if the bid is accepted
- which organizations will be parties to the Bid Bond
- any additionally relevant terms as set forth by the party requesting the bid
Do you get a Bid Bond back?
The Bid Bond is returned to the surety company once the contractor has been selected. If your business is selected, the organization will likely return the Bid Bond in exchange for the Performance Bond.
However, if you withdraw your bid after it has been selected, raise your cost, or otherwise fail to honor the terms of the bid you made, then the surety contract will be considered breached, and you will likely have to pay a penalty to the surety company or the designated agency of the business that you submitted your bid to. The Bid Bond compensates the organization for the difference in cost between your initial bid and the next lowest bid.
Is a Bid Bond a financial guarantee?
A Bid Bond is a financial backing that ensures a construction company will enter into a contract for the amount contained within the bid if chosen. A Bid Bond is granted when an insurance broker gives their endorsement that your construction business is capable of completing a job at your bid price.
Bid Bonds let clients know that when they accept a bid, they'll get what was proposed. The bonds also help contractors assure the project owner that their bid is the best option. Rocket Lawyer offers this Free Bid Bond document to use once you are ready to enter into a Bid Bond and you want to define the terms and conditions of the agreement.