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Bid Bond Bank Guarantee for Nigeria

Bid Bond Bank Guarantee Template for Nigeria

A Bid Bond Bank Guarantee is a financial instrument issued by a bank under Nigerian law, providing security to a project owner that a bidder will honor their bid and proceed with contract execution if selected as the winning bidder. This document represents the bank's irrevocable commitment to pay a specified sum to the beneficiary if the bidder fails to fulfill their bid obligations. The guarantee must comply with Nigerian banking regulations, particularly the Banks and Other Financial Institutions Act (BOFIA) and relevant Central Bank of Nigeria guidelines, while also adhering to standard banking practices for bid securities.

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What is a Bid Bond Bank Guarantee?

The Bid Bond Bank Guarantee is a crucial document in Nigerian tender processes, whether for public or private sector projects. It serves as a risk mitigation tool for project owners, ensuring that only serious bidders participate in the tender process. The guarantee typically amounts to 2-5% of the bid value and becomes payable if the bidder withdraws their bid during the validity period, refuses to sign the contract if awarded, or fails to provide required performance security. This document must comply with Nigerian banking laws and regulations, including BOFIA 2020 and CBN guidelines. The guarantee's format and content are often specified in tender documents, and banks usually issue them against counter-indemnities from the bidder. Understanding this document is essential for project owners, contractors, and banks operating in the Nigerian market.

What sections should be included in a Bid Bond Bank Guarantee?

1. Bank Details and Reference: Information identifying the issuing bank and guarantee reference number

2. Beneficiary Details: Full identification of the entity receiving the guarantee (typically the project owner/employer)

3. Applicant Details: Full identification of the bidder on whose behalf the guarantee is issued

4. Tender/Bid Reference: Details of the specific tender or bid for which the guarantee is issued

5. Guarantee Amount: The specific sum guaranteed, expressed in both figures and words

6. Terms of Guarantee: Core obligations of the bank, conditions for payment, and validity period

7. Claim Procedure: Process and requirements for making a claim under the guarantee

8. Expiry Provisions: Conditions under which the guarantee expires or becomes invalid

9. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes

10. Bank's Execution: Formal execution block for bank signatories

What sections are optional to include in a Bid Bond Bank Guarantee?

1. Multiple Bidder Provisions: Required when the bid is submitted by a consortium or joint venture

2. Assignment Restrictions: Added when specific restrictions on assignment of the guarantee are required

3. Counter-Guarantee Reference: Included when the guarantee is issued based on a counter-guarantee from another bank

4. Reduction Clauses: Optional provisions for reduction of guarantee amount over time

5. Electronic Presentation: Terms for electronic submission of claims when allowed

6. Force Majeure Provisions: Additional clauses dealing with force majeure events affecting the guarantee

What schedules should be included in a Bid Bond Bank Guarantee?

1. Form of Demand: Template for making a claim under the guarantee

2. Tender Details: Detailed description of the tender/bid reference and scope

3. Bank's Authorization: Evidence of authority of bank signatories

4. Supporting Documents: List of required supporting documents for claims

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Nigeria

Publisher

Ƶ

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions




























Clauses
























Relevant Industries

Construction and Infrastructure

Oil and Gas

Government and Public Sector

Energy and Power

Telecommunications

Manufacturing

Mining and Minerals

Transportation

Healthcare Infrastructure

Defence Contracting

Relevant Teams

Legal

Procurement

Finance

Treasury

Risk Management

Commercial

Compliance

Project Management

Business Development

Operations

Relevant Roles

Procurement Manager

Project Manager

Contract Manager

Legal Counsel

Bank Relationship Manager

Tender Manager

Chief Financial Officer

Risk Manager

Bid Manager

Commercial Director

Construction Manager

Compliance Officer

Treasury Manager

Company Secretary

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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