A guarantee that if a contractor wins the bid, they will actually sign the contract at the price they offered.
A bid bond is a surety instrument that guarantees a bidder will enter into a contract at the bid price if awarded. If the winning bidder fails to execute the contract, the surety pays the owner the difference between that bid and the next acceptable bid. Bid bonds are typically required on public projects and large private projects.
A bid bond protects the owner from a low bidder walking away after award, and its required percentage, often a set share of the bid amount, is a real qualification hurdle a contractor must meet to participate. Because the surety underwrites the bond, a contractor's bonding capacity effectively caps the size and number of projects it can bid at once, making the bond a strategic constraint in pursuit decisions. On public work, submitting a bid without the required bid security usually renders the bid non-responsive and disqualified.
The county required a bid bond equal to 5 percent of the bid amount, so the contractor secured the bond from its surety before submission to avoid having its courthouse bid rejected as non-responsive.
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