Bid Bond Tender Guarantee for Hong Kong

Bid Bond Tender Guarantee Template for Hong Kong

A Bid Bond Tender Guarantee is a financial security instrument governed by Hong Kong law, provided by a bank or financial institution to guarantee the validity of a bid in a tender process. This document ensures that the bidder will honor their tender and, if successful, will proceed with the contract and provide any required performance bonds. The guarantee typically amounts to 1-5% of the tender value and provides the tender issuer with immediate access to compensation if the bidder withdraws their tender, fails to enter into the contract, or fails to provide required performance security after winning the tender. The document follows Hong Kong banking practices and common law principles, incorporating specific requirements for on-demand guarantees under Hong Kong jurisdiction.

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What is a Bid Bond Tender Guarantee?

The Bid Bond Tender Guarantee is a fundamental document in competitive tender processes, particularly common in Hong Kong's construction, infrastructure, and government procurement sectors. This guarantee is required when organizations want to ensure serious participation in their tender processes and protect themselves against non-performing bidders. The document is typically issued by a Hong Kong licensed bank and must comply with Hong Kong banking regulations and common law principles. The guarantee amount is usually between 1-5% of the tender value, and the document remains valid throughout the tender evaluation period until either the tender is awarded and a performance bond is provided, or the tender process is concluded without award to the relevant bidder. The Bid Bond Tender Guarantee must clearly state the conditions for calling on the guarantee, which typically include withdrawal of the tender before the validity period expires, failure to sign the contract if awarded, or failure to provide the required performance security.

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

1. Parties: Identifies the guarantor (usually a bank), the beneficiary (tender issuer), and the principal (bidder)

2. Background: Brief context about the tender, including tender reference number and project description

3. Definitions: Key terms used in the guarantee, including 'Tender', 'Guaranteed Sum', 'Expiry Date'

4. Guarantee and Undertaking: Core section stating the guaranteed amount and bank's unconditional undertaking to pay

5. Conditions for Payment: Circumstances under which the guarantee can be called upon and payment procedure

6. Duration and Expiry: Validity period of the guarantee and conditions for expiry or extension

7. Payment Mechanics: Specific details about how payment will be made when the guarantee is called

8. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes

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

1. Assignment and Transfer: Include when the guarantee needs to be transferable or when assignment needs to be specifically prohibited

2. Multiple Beneficiaries: Required when there are multiple parties entitled to call on the guarantee

3. Reduction Clause: Include when the guaranteed amount may be reduced during the tender process

4. Electronic Presentation: Include when allowing for electronic presentation of documents or digital calling of the guarantee

5. Language Clause: Include when the guarantee might be translated or used in multiple languages

6. Notice Provisions: Include when specific notice requirements for calls on the guarantee need to be detailed

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

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

2. Tender Details: Details of the tender including specifications and requirements

3. Authentication Procedures: Specific requirements for authenticating demands or communications

4. Contact Details: Complete contact information for all parties for notices and communications

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

Letter of Intent

Cost

Free to use
Relevant Industries

Construction

Infrastructure

Real Estate Development

Government Projects

Telecommunications

Energy

Transport

Manufacturing

Defense

Healthcare

Education

Utilities

Mining

Oil and Gas

Relevant Teams

Legal

Procurement

Finance

Treasury

Risk Management

Commercial

Business Development

Compliance

Operations

Project Management

Relevant Roles

Procurement Manager

Tender Manager

Project Director

Contract Manager

Legal Counsel

Financial Controller

Treasury Manager

Risk Manager

Bid Manager

Commercial Director

Business Development Manager

Company Secretary

Chief Financial Officer

Operations Director

Compliance Officer

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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