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AUTHORITY DECISION4735Tender Process Disputes

May a deduction be made from the performance bond while the contract work is continuing?

Decision number:
2023/UH.I-1614
Decision date:
11 June 2026

In service procurement the performance bond and the progress payment have different legal functions. According to a Public Procurement Board decision, although a deduction may be made from the progress payment for missing or lost materials while the contract is continuing, a provision allowing a direct deduction from the performance bond is another matter.

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