Bid Bond Tender Guarantee for Ireland

Bid Bond Tender Guarantee Template for Ireland

A Bid Bond Tender Guarantee is a financial security document governed by Irish law that provides assurance to a tender authority that a bidder will honor their bid and proceed with the contract if selected. The guarantee, typically issued by a bank or financial institution, commits to pay a specified sum to the beneficiary if the bidder fails to fulfill their tender obligations. This document follows Irish legal requirements and European Union procurement regulations, providing a standardized format that meets both domestic and EU compliance standards while offering protection for contracting authorities in tender processes.

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What is a Bid Bond Tender Guarantee?

The Bid Bond Tender Guarantee is a crucial document in Irish procurement processes, particularly for high-value or public sector tenders. It serves as a risk mitigation tool for tender authorities, ensuring that only serious bidders participate in the tender process. The guarantee typically amounts to 1-5% of the bid value and becomes payable if the bidder withdraws their bid before the validity period expires, fails to sign the contract if awarded, or doesn't provide required performance security. The document must comply with Irish contract law, the Public Procurement Regulations 2016, and relevant EU directives. It's commonly required in public tenders, major infrastructure projects, and significant commercial contracts where the tender authority needs security against non-performance by bidders.

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

1. Parties: Identifies the three key parties: (1) the Guarantor/Bank issuing the bond, (2) the Principal/Bidder, and (3) the Beneficiary/Tender Authority

2. Background: Describes the tender process, reference numbers, and context for which the bid bond is being issued

3. Definitions: Defines key terms used throughout the guarantee, including 'Tender', 'Guaranteed Sum', 'Tender Closing Date'

4. Guarantee: Core section stating the guaranteed sum and the guarantor's unconditional obligation to pay

5. Trigger Events: Specifies circumstances under which the guarantee becomes payable (e.g., withdrawal of bid, failure to sign contract)

6. Demand Requirements: Sets out the formal requirements for making a valid demand under the guarantee

7. Duration and Expiry: Specifies the effective period of the guarantee and conditions for expiry

8. Governing Law and Jurisdiction: Confirms Irish law as governing law and specifies jurisdiction for disputes

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

1. Counter-Guarantee Provisions: Required when there's a separate counter-guarantee arrangement between the principal and guarantor

2. Multiple Beneficiaries: Needed when the tender involves multiple beneficiary entities

3. Step-In Rights: Include when the tender authority requires rights to assign or transfer the guarantee

4. Currency Provisions: Required when the guarantee amount is in a currency other than Euro

5. Electronic Demands: Include when electronic submission of demands is permitted

6. Partial Drawings: Required when the guarantee allows for multiple partial demands up to the guaranteed sum

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 specific tender including reference numbers, project description, and submission deadlines

3. Authority Representatives: List of authorized persons who can make demands under the guarantee

4. Bank Details: Payment details for the beneficiary for receiving guarantee payments

5. Counter-Guarantee Terms: If applicable, terms of the counter-guarantee between principal and guarantor

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

Ireland

Publisher

Genie AI

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions
Relevant Industries

Construction

Infrastructure

Public Works

Defense

Healthcare

Energy

Telecommunications

Transportation

Utilities

Government Services

Information Technology

Engineering Services

Relevant Teams

Legal

Finance

Procurement

Treasury

Risk Management

Commercial

Business Development

Operations

Compliance

Project Management

Relevant Roles

Procurement Manager

Tender Manager

Contract Manager

Legal Counsel

Financial Director

Bid Manager

Treasury Manager

Risk Manager

Commercial Director

Project Manager

Compliance Officer

Business Development Manager

Account Manager

Operations Director

Chief Financial 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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