Treadstone Associates
Article · 8 min read

Bid security: bond, cheque or letter of credit

Bid security exists to prove a bidder won't walk away if it wins — and the form it takes changes what that proof actually costs a firm, in cash tied up or in what a surety is willing to underwrite. There's no single Canadian standard listing which forms an owner has to accept.

Treadstone Associates · Updated 2026

Key takeaways

  • • Bid security is one of the legal hallmarks courts look for in deciding whether a binding tender contract was formed at all — it's not just a procedural formality.
  • • CCDC 220 is the industry-standard bid bond form, but CCDC does not publish a national list of which alternative forms — certified cheque, letter of credit — an owner must accept; that's set project by project in the bid documents.
  • • A bond and a certified cheque don't just look different on paper — they tie up a firm's cash very differently, which matters most when several bids are open at once.
  • • An “agreement to bond” is a distinct document from the bond itself, and confusing the two is a common way to misread what a tender is actually asking for.

Bid security isn't paperwork bolted onto a tender for the owner's comfort — it's one of the features Canadian courts look for in deciding whether a binding contract was formed the moment a bid was submitted. A national law firm's guide to Canadian procurement law lists it directly among the hallmarks of that binding relationship: “submissions/bids are irrevocable for a defined period of time” and “bidders provide bid security” sit side by side in that list for a reason — the security is what makes the irrevocability mean something. A bidder who could walk away for free would have no real reason to hold its price.

The one form CCDC actually standardizes

Of the forms a bidder might be asked for, only one has a standardized Canadian document behind it. CCDC 220 is described by CCDC itself as a “standard surety bid bond form guaranteeing the bidder's intention to enter into a formal contract and to provide the specified contract security if the bid is accepted.” That last clause matters: a bid bond isn't only promising the bidder will sign the contract if it wins — it's promising the bidder can also come up with the performance bond and labour-and-material payment bond the contract itself will require, which is why a surety underwrites a bid bond against the same bonding capacity it would need to extend for the full project. A bidder that can secure a bid bond has, in effect, already had its surety confirm it can carry the whole job — which is part of why an owner treats bid security as more than a formality: it's an early, independent check on whether the low bidder can actually deliver, made by someone with its own money on the line before the owner ever has to find out the hard way.

A certified cheque or a letter of credit: set by the tender, not a national list

Beyond the bond, Canadian tenders commonly name a certified cheque or an irrevocable letter of credit as acceptable alternatives — but that's a fact worth stating carefully. Neither CCDC's public document descriptions nor the sources checked for this article publish a national standard listing which alternatives an owner is required to accept; CCDC 220 standardizes the bond itself, not a menu of substitutes for it. What actually governs a given bid is the instructions to bidders in that specific tender package. Before assuming a certified cheque will be accepted because it was on the last job, check the current bid documents — the accepted forms, and the required amount, are set project by project.

Bonding capacity is the real ceiling, not cash on hand

A firm with plenty of working capital can still be turned away by a surety if the project's bid security would push it past its underwritten bonding capacity — a separate ceiling from whatever cash the firm has available for a certified cheque. That ceiling is exactly what makes a bid bond a different kind of decision from a certified cheque: paying by cheque only tests a firm's liquidity, while a bond tests whether a surety is willing to stand behind the firm on this project on top of whatever else it's already bonding. See what a bid bond specifically promises the owner and how a surety sets that ceiling in the first place. It's also the reason two firms sometimes bid a large project together rather than separately — see how combining bonding capacity through a joint venture works — when neither firm's individual capacity covers the security a single large contract requires.

Agreement to bond, and why it isn't the bond itself

Some tenders ask a bidder for an “agreement to bond” instead of, or alongside, the bid security. The bid bond's own wording points at what that document is doing: CCDC 220 already guarantees the bidder can “provide the specified contract security if the bid is accepted” — in other words, the bidder's surety is on the hook for the performance and labour-and-material bonds too, not just the bid bond. An agreement to bond is the surety's own advance confirmation that it is prepared to issue those later bonds if the bidder wins, submitted alongside or instead of a full bid bond depending on what the tender asks for. Treat it as a distinct document from the bid security itself, not a lighter-weight substitute for it — a tender that asks for both wants two separate assurances, not one filed twice.

A worked example: what tying up the cash actually costs

The numbers below are illustrative only, to show the shape of the trade-off, not a rate any firm should quote from. On an illustrative $2,400,000 bid with a 10% security requirement — $240,000 — paying by certified cheque means that full $240,000 sits frozen, unavailable for anything else, for as long as the bid stays open plus however long the owner takes to release it after award. A bond covering the same $240,000, at an illustrative premium rate of 1.25%, costs the firm roughly $3,000 in cash out the door — the firm never loses access to the $240,000 itself, only pays a fee for the surety standing behind it. That gap is exactly why a firm running several live bids at once tends to default to bonding wherever it's accepted: five open bids paid by certified cheque can tie up more working capital than the firm has, while five bonds draw on underwriting capacity instead of cash.

Common questions

Is a bid bond always required on a public tender?

No — it depends entirely on the tender's own instructions to bidders. Some public tenders require a bond specifically, some accept a certified cheque or letter of credit as an alternative, and smaller projects sometimes require no bid security at all. Check the specific bid documents rather than assuming the last project's requirement carries over, since the same owner can vary the requirement from one contract to the next depending on project size and risk.

What happens to a certified cheque if a bidder doesn't win?

It's returned once the tender process concludes and the security is no longer needed — the mechanics and timing for that release are set out in the tender's own instructions, which is worth checking before assuming the funds come back on any particular schedule. A firm that's counting on that cash for a supplier deposit on a different job should confirm the release timeline before committing it elsewhere.

Does a bid bond cost the same as the security amount it backs?

No — a bond's premium is a small fraction of the amount it secures, since the surety is charging for the risk it's underwriting, not lending the full amount. That's the core difference from a certified cheque, which ties up the entire amount rather than a fee against it, and it's why a firm bidding regularly tends to find bonding cheaper overall even before counting what the freed-up cash is worth doing something else with.

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