The tender asks for security before you know whether you want the job
Assess tender-stage security and withdrawal conditions before bidding for unsuitable work, separating bid commitment from performance security after award.
Corporate Recovery Partners
01 / 06
Bidding can involve more than estimating time
An invitation to tender asks for a deposit or security with the submission. The work still looks uncertain, and your team plans to decide whether it really wants the job later. Read the tender requirements before proceeding. A bidding condition may involve a financial commitment before award, separate from the cost of preparing the price or delivering the eventual project.
Gather the invitation, conditions, submission form and proposed security wording. Establish whether the request concerns a payment, guarantee or another arrangement. Do not assume the word deposit explains who holds it or how it can be recovered. Keep bid security distinct from any performance security requested if the business wins the work.
Business.gov.au recommends understanding contractual responsibilities and obtaining help with unclear terms. Ask the lawyer what the tender submission and security documents would commit the business to, including withdrawal, acceptance and release questions. This article does not establish that a particular condition is enforceable or that a customer may retain security whenever a bid is withdrawn.
Imagine a contractor submitting a price while awaiting a specialist supplier quote. The later quote makes the work unattractive, and the contractor wants to withdraw. Before lodging the bid, ask how that scenario would be treated under the actual tender conditions. Do not assume the business can recover every amount simply because no construction contract has yet been signed.
Show any cash or facility capacity required for the bid and the supported release assumptions. Ask what happens if the award decision is delayed. A refundable amount can still reduce available cash while held, and an unconfirmed release date is not money available for payroll. Keep fees and other possible costs separately visible for the decision.
Confirm the opportunity meets the business's commercial criteria and that authorised people understand the tender commitment. If essential questions remain unresolved, seek clarification or decline before lodging documents. Retain the submission and eventual release evidence. The useful screen asks what entering the competition costs and commits, rather than treating every bid as an entirely reversible invitation to negotiate.