Performance bond ratio. In many cases, there are deposits. When signing a sales contract, the liability for breach of contract shall be stipulated in the contract. This kind of breach of contract is very common. The following is the ratio of performance bond and related information.

Performance bond ratio 1 performance bond ratio: no more than 10% of the winning contract amount. The performance guarantee is for the employer to prevent the contractor from violating the contract provisions or breaching the contract during the execution of the contract and make up for the economic losses caused to the employer; Its forms include performance bond, performance bank guarantee and performance guarantee. If the tender documents require the winning bidder to submit the performance bond, the winning bidder shall submit it in accordance with the requirements of the tender documents.

According to Article 58 of the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC), the winning bidder shall submit the performance bond in accordance with the requirements of the bidding documents. The performance bond shall not exceed 10% of the winning contract amount. The performance bond collection standard should follow several principles:

First, the amount of performance bond should wait for the advance payment of the contract to reflect the principle of fairness stipulated in the contract law;

Second, the amount of the performance bond has nothing to do with the bid bond.

Third, the determination of the amount of performance bond should be linked to the payment terms of the contract, and the performance bond is generally returned simultaneously with the progress payment.

4. According to Article 58 of the Regulations for the Implementation of the Bidding Law of the State Council, the performance bond shall not exceed 65,438+00% of the contract amount.

Performance bond ratio 2. What is the latest stipulated ratio of performance bond?

The proportion of the project performance bond shall not exceed 10% of the winning contract amount. The specific reasons are as follows:

According to Article 58 of the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC) and national standards, if the tender documents require the winning bidder to submit a performance bond, the winning bidder shall submit it according to the requirements of the tender documents. The performance bond shall not exceed 10% of the bid contract amount.

Second, the performance guarantee payment standards should follow the guidelines

1. The amount of the performance bond should be greater than the amount of the contract advance payment to avoid possible dangers;

2. The amount of performance bond should be equal to or slightly higher than the bid bond. If the project with high technical content and unable to perform on time brings huge losses to the purchaser, the amount of performance bond should be appropriately increased;

3. The determination of the amount of performance bond should be related to the contract payment terms, and it is beginning to be imagined that the two should be inversely related, that is, when the phased payment terms are beneficial to suppliers, the performance bond should be overcharged, and vice versa.

3. When will the performance bond be refunded?

In practice, the performance bond is generally returned after the completion of the contract. If the party paying the performance bond fails to perform as required by the contract, the performance bond will not be returned.

Article 60 of the Bidding Law of People's Republic of China (PRC) stipulates that if the winning bidder fails to perform the contract concluded with the tenderer, the performance bond will not be returned, and if the losses caused to the tenderer exceed the amount of the performance bond, the excess 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 his obligations in accordance with the contract concluded with the tenderer, if the circumstances are serious, his bidding qualification for participating in the project subject to tender according to law within two to five years shall be cancelled and announced until the business license is revoked by the administrative department for industry and commerce.

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

For the bidders of this project, it is necessary to carefully check the contents of the bidding contract to judge whether the tenderer explicitly requests to pay the performance bond. This is because if the tenderer clearly stipulates that it needs to pay, but the bidder fails to pay, even if he becomes a candidate for winning the bid, he may not be able to win the bid.

Performance bond ratio 3. The proportion of the performance bond shall not exceed 10% of the winning contract amount. If the tender documents require the winning bidder to submit the performance bond, the winning bidder shall submit it according to the requirements of the tender documents, but the deposit ratio shall not exceed 10% of the winning contract amount.

legal ground

"Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC)" Article 58

If the tender documents require the winning bidder to submit the performance bond, the winning bidder shall submit it in accordance with the requirements of the tender documents. The performance bond shall not exceed 10% of the winning contract amount.

Article 59

The winning bidder shall fulfill its obligations in accordance with the contract and complete the winning project. The winning bidder shall not transfer the winning project to others, nor shall it dismember the winning project and transfer it to others separately.

The winning bidder may, according to the contract or with the consent of the tenderer, subcontract part of the non-major and non-critical work of the winning project to others for completion. The person who accepts subcontracting shall have corresponding qualifications and shall not subcontract again.

What is the proportion of performance bond for construction projects?

According to China's "Regulations on the Implementation of the Bidding Law", if the employer requires the bidder to submit the performance bond, the deposit ratio shall not exceed 10% of the contract amount.

Regulations of People's Republic of China (PRC) Municipality on the Implementation of the Bidding Law

Article 57 A tenderer and the winning bidder shall sign a written contract in accordance with the provisions of the Bidding Law and these Regulations, and the main terms of the contract, such as the subject matter, price, quality and performance period, shall be consistent with the contents of the tender documents and the bidding documents of the winning bidder. The tenderer and the winning bidder shall not conclude other agreements that deviate from the substantive contents of the contract.

The tenderer shall, within 5 days after signing the written contract at the latest, return the bid bond and the interest on the bank deposit for the same period to the winning bidder and the unsuccessful bidder.

Article 58 If the tender documents require the winning bidder to submit a performance bond, the winning bidder shall submit it in accordance with the requirements of the tender documents. The performance bond shall not exceed 10% of the winning contract amount.

Nature of performance bond

It is a right of the tenderer to require the winning bidder to submit a certain amount of performance bond. The deposit should be in accordance with the provisions of the tenderer in the tender documents, or according to the decision made by the tenderer after bid evaluation, in an appropriate format and amount by cash, check,

Provided in the form of performance guarantee or bank guarantee, the amount of which should be enough to urge the winning bidder to return after performing the contract. However, in the project contract, the tenderer may extend part of the deposit until the project is completed, that is, until the project is finally accepted. In the procurement contract of goods or services, the bidder may also extend part of the deposit after installation or commissioning.

(a) the winning bidder refuses to submit the performance bond, which can be regarded as giving up the winning project (see the relevant provisions of Article 45 of the Bidding Law) and bearing the liability for breach of contract.

In this case, the tenderer can choose the highest ranked bid from the remaining bids that are still valid as the winning bid, but the tenderer also has the right to reject all remaining bids and reorganize the bidding.

(2) Performance bond is different from deposit, advance payment and letter of guarantee.

If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit. Because this law does not stipulate whether the bidder who accepts the performance bond should double the performance bond when he fails to perform the contract, we can't regard it as a deposit. Secondly, performance bond is different from advance payment. Advance payment means that one party of the contract pays the agreed price in advance before the performance of the contract. In order to help the debtor perform the contract better, it is a part of performance. The advance payment does not follow the penalty of the deposit.

That is, after the advance payment is delivered, if the parties fail to perform the contract, there will be no loss or double return. However, the performance bond will not be refunded. Finally, the performance bond is also different from the letter of guarantee. Guarantee means that when the debtor fails to perform the debt, the third party and the creditor agree that the third party will perform the debt, which belongs to personal guarantee.

Function of performance bond

First, it is more suitable for the characteristics of the construction market. The construction project is invested by the construction unit and the contractor is responsible for the construction. Because all construction projects are contracted before construction, the investment of each project is risky for the construction unit. Choosing a good contractor is a crucial part of market operation. The construction unit should not only have a deep understanding of the credit standing of the winning contractor, but also have enough confidence.

At the same time, there should be corresponding measures and means to prove that the contractor has good credit standing and strong strength, so as to adapt to the characteristics of the construction industry and implement the performance bond system. Legalizing this measure can enhance the trust of the construction unit in the contractor, reduce the risk of investors and lay a good foundation for cooperation between the two parties.

Second, it can ensure the standardization of the market operation of bidding contractors and put an end to unreasonable bidding. In the bidding operation of the construction market, some contractors control the cost below the cost in order to win the bid, and increase the cost too much by adding projects and negotiating after winning the bid. This kind of unfair competition leads to the wrong selection and determination of contractors by the construction unit, and crowds out contractors with standardized operation.

After the implementation of the performance bond system, if the winning contractor fails to implement the contract cost, the construction unit can choose another contractor, and the performance bond will not be returned to the original winning contractor to compensate the tenderer for the loss of choosing another contractor, so as to restrict and prevent the tenderer from cheating the tenderer and disrupting the construction market.

Third, it is conducive to maintaining the legal effect of the contract and ensuring its normal performance. The execution process of the construction project contract is a long time interval, which requires the contractor to perform its obligations in strict accordance with the terms of the contract and complete the construction tasks according to the time limit and quality requirements, and it is also a supervision and constraint on the contractor's project implementation.

Performance bond is a very powerful constraint on the winning contractor by the tendering unit, which is conducive to the effective supervision and control of the contractor by the construction unit and supervision unit, preventing the contractor from transferring construction funds by shoddy work and cutting corners, reducing the quality level of the project and urging the contractor to earnestly perform the contract.