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Bid Bond Tender Guarantee for Singapore

Bid Bond Tender Guarantee Template for Singapore

A Bid Bond Tender Guarantee under Singapore law is a financial security instrument where a bank or financial institution guarantees the obligations of a bidder in a tender process. It provides assurance to the tender issuer that the bidder will honor their bid and enter into the contract if selected. The guarantee is governed by Singapore's Contract Law and relevant MAS guidelines, offering specific protections and enforcement mechanisms under Singapore's legal framework.

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What is a Bid Bond Tender Guarantee?

A Bid Bond Tender Guarantee is a crucial document in Singapore's tendering process, particularly for high-value projects where the tender issuer requires security against bidder default. This guarantee, typically issued by banks or financial institutions, ensures that bidders remain committed to their bids and will proceed with the contract if successful. The document specifies the guaranteed amount (usually 2-5% of the bid value), validity period, and conditions for calling upon the guarantee. Under Singapore law, these guarantees are autonomous instruments, meaning they can be called upon independent of the underlying tender relationship.

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

1. Parties: Details of the guarantor (bank/financial institution), principal (bidder), and beneficiary

2. Background: Context of the tender and reason for the guarantee

3. Definitions: Key terms used in the guarantee

4. Guarantee Amount: Specific sum being guaranteed

5. Duration and Validity: Period of effectiveness and expiry conditions

6. Demand Requirements: Conditions and process for making claims

7. Governing Law: Specification of Singapore law as governing law

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

1. Assignment Clause: Used when transfer of rights needs to be permitted - includes conditions and procedures for assignment

2. Counter-Indemnity: Principal's obligation to indemnify guarantor - typically included when required by guarantor's internal policy

3. Extension Provisions: Mechanisms for extending validity of the guarantee - included when tender process might be extended

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

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

2. Tender Details: Specific details of the tender being guaranteed including project specifications

3. Authentication Procedures: Procedures for verifying authenticity of demands and communications

Authors

Alex Denne

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

Jurisdiction

Singapore

Publisher

Ƶ

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use

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