Answer

Bid Bond: R.S. 38:2218 provides that public entities advertising for work shall require the bidders to attach a certified check, cashier’s check or bid bond for not more than 5% of the contract price and may require the bidders to attach a certified check, cashier’s check or bid bond for not more than 5% of the estimated price of supplies and materials. There is no similar statute requiring bid bonds for advertising for equipment (i.e., materials and supplies). Therefore, a bid bond is required when advertising for public works but it is not required for advertising of materials and supplies. Surety/Performance Bond: R.S. 38:2216(A) provides that when a public entity contracts for public works it shall require the successful bidder furnish a bond in an amount of not less than ½ of the amount of the contract. R.S. 33:2216(B) provides that when a public entity contracts for materials and supplies it may require that the successful bidder to furnish a bond in an amount of not less than ½ of the amount of the contract. Therefore, a performance/surety bond is required for public works contracts and is optional for materials and supplies contracts. Louisiana Legislative Auditor website: 05/08/2025 09:45:18 PM