Bid Bond Bank Guarantee for Hong Kong

Bid Bond Bank Guarantee Template for Hong Kong

A Bid Bond Bank Guarantee is a financial security instrument issued by a bank under Hong Kong law, providing assurance to the tender issuer that the bidder will honor their bid and proceed with the contract if selected. This document represents an unconditional undertaking by the bank to pay a specified sum to the beneficiary if the bidder fails to fulfill their tender obligations, such as withdrawing their bid during the validity period or failing to execute the contract if awarded. The guarantee is governed by Hong Kong law and follows local banking practices, incorporating requirements under the Banking Ordinance and related regulations.

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What is a Bid Bond Bank Guarantee?

The Bid Bond Bank Guarantee is a critical document in Hong Kong's competitive tender processes, particularly for large-scale projects and government contracts. It serves as a risk mitigation tool for tender issuers, ensuring that only serious bidders participate in the tender process. The guarantee typically amounts to 1-5% of the bid value and remains valid throughout the tender period plus an additional buffer time. When drafting a Bid Bond Bank Guarantee under Hong Kong law, specific attention must be paid to local banking regulations, the Banking Ordinance, and established market practices. The document must clearly state the conditions for demand, validity period, and payment obligations, while ensuring compliance with Hong Kong's legal framework for banking and security instruments.

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

1. Parties: Identifies the three key parties: the Bank (Guarantor), the Bidder (Principal), and the Entity calling for bids (Beneficiary)

2. Background: States the tender details, bidder's participation, and requirement for a bid bond

3. Definitions: Defines key terms used in the guarantee including 'Tender', 'Bid Amount', 'Guarantee Amount', etc.

4. Guarantee: Core section specifying the bank's unconditional obligation to pay the guarantee amount

5. Guarantee Amount: Specifies the exact amount of the guarantee, typically a percentage of the bid amount

6. Validity Period: States the effective period of the guarantee, including start and expiry dates

7. Demand Requirements: Specifies the conditions and process for making a claim under the guarantee

8. Payment Terms: Details the payment procedure upon receipt of a valid demand

9. Expiry and Return: Conditions for guarantee expiry and return of the original document

10. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and relevant jurisdiction

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

1. Assignment Restriction: Prohibits assignment of the guarantee - included when transferability needs to be explicitly restricted

2. Counter Indemnity Reference: References the counter indemnity provided by the bidder - included when required by bank policy

3. Multiple Demands Clause: Clarifies whether multiple demands are permitted - included for high-value or complex tenders

4. Electronic Presentation: Allows for electronic presentation of demands - included when electronic submissions are accepted

5. Force Majeure: Addresses extraordinary events affecting the guarantee - included for longer-term or high-risk tenders

6. Language Precedence: Specifies controlling language if guarantee is bilingual - included when multiple language versions exist

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

1. Form of Demand: Prescribed format for submitting a demand under the guarantee

2. Tender Details: Summary of key tender information referenced in the guarantee

3. Authorized Signatories: List of persons authorized to make demands under the guarantee

Authors

Alex Denne

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

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant Industries

Construction

Infrastructure Development

Real Estate

Government Procurement

Energy

Telecommunications

Transportation

Public Works

Manufacturing

Defense Contracting

Healthcare Infrastructure

Education Infrastructure

Relevant Teams

Legal

Finance

Procurement

Treasury

Risk Management

Compliance

Commercial

Project Management

Business Development

Contract Administration

Relevant Roles

Procurement Manager

Legal Counsel

Bank Relationship Manager

Tender Manager

Project Director

Contract Administrator

Chief Financial Officer

Risk Manager

Compliance Officer

Treasury Manager

Bid Manager

Company Secretary

Commercial Director

Finance Director

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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