Generally, before signing a contract, the amount should be negotiated, the amount determined, and written into the contract. If it is mentioned in the content of the bid or tender, it can certainly be considered as determined before winning the bid. If there is no situation mentioned in the preceding paragraph, if the contract is signed and the deposit amount is written after the bid is won, it will be after the bid is won.

Legal Analysis

Performance guarantee means that the project contractor prevents the contractor from violating the contract provisions or breach of contract during the execution of the contract and compensates for the economic losses caused to the contractor. There are three forms: performance guarantee (also called performance bond), performance bank guarantee and performance guarantee. The performance bond can be used as a performance guarantee, certified check, bank draft or cash check. The performance bond generally does not exceed 10% of the contract price. A performance bond is a financial guarantee between the buyer and seller to ensure performance of the contract. Traders in the futures market must deposit a certain amount of performance bond when conducting transactions. The amount of the margin is set by the exchange that provides contract trading. The amount is usually five to fifteen percent of the total contract value. Of course, the broker or The entrusted broker will also choose to set additional margins, and the amount of this additional margin will not be lower than the level specified by the exchange. In addition, the margin level is also affected by the risk of market transactions. In volatile markets, more margin is usually required. At the same time, the margin requirements for hedging and speculative transactions are also different. Generally, the margin required for the former is relatively lower. Margin is divided into initial margin and additional margin. The initial margin is the deposit that traders pay before trading as required. Due to price changes, the book losses suffered by the trader are deducted from the margin, causing the margin to decrease. When it reaches the lower limit of the margin (the exchange generally stipulates a lower limit of margin), the broker may require the trader to pay another part of the margin. , in order to bring the account to the initial margin level, this additional part is called a margin call.

Legal Basis

Article 59 of the "Tendering and Bidding Law of the People's Republic of China" The tenderer and the winning bidder do not conclude a contract in accordance with the bidding documents and the winning bidder's bidding documents , or the tenderer and the successful bidder enter into an agreement that deviates from the substantive content of the contract, they shall be ordered to make corrections; a fine of not less than 5% but not more than 10% of the amount of the winning bid may be imposed.