A Performance Guarantee in Tender is essential in both public and private sector procurement processes within the United States. It serves as a risk mitigation tool for tender issuers, ensuring that bidders maintain their commitments throughout the tender process. The guarantee typically amounts to a percentage of the tender value and remains valid from tender submission until contract award or as specified. This document is particularly crucial in high-value procurements and government contracts, where it helps prevent frivolous bids and ensures serious participation. The guarantee must comply with federal regulations, state-specific requirements, and industry standards.
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1. Parties: Identification of guarantor, beneficiary, and principal
2. Background: Context of the tender and reason for guarantee
3. Definitions: Key terms used throughout the guarantee
4. Guarantee Amount: Specific sum being guaranteed and payment terms
5. Duration: Validity period of the guarantee including start and end dates
6. Conditions for Payment: Circumstances under which guarantee can be called and payment process
7. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction over disputes
1. Step-in Rights: Rights of guarantor to take over performance - include for complex project tenders
2. Counter-Indemnity: Principal's obligation to indemnify guarantor - include when requested by guarantor
3. Assignment Provisions: Rules for transferring guarantee rights - include when transfer rights are needed
4. Notice Requirements: Detailed procedures for serving notices - include for complex guarantees
1. Schedule 1 - Form of Demand: Template for making claim under guarantee
2. Schedule 2 - Tender Details: Specifics of the tender being guaranteed including tender reference number
3. Schedule 3 - Project Specifications: Details of work/services being tendered
4. Schedule 4 - Required Documentation: List of documents required for making a valid claim
Relevant legal definitions
Clauses
Guarantee Obligations
Payment Terms
Duration and Validity
Demand and Claims
Maximum Liability
Waiver of Defenses
Assignment and Transfer
Governing Law
Dispute Resolution
Notices
Amendment and Variation
Expiry and Return
Force Majeure
Representations and Warranties
Severability
Entire Agreement
Counterparts
Indemnification
Payment Terms
Duration and Validity
Demand and Claims
Maximum Liability
Waiver of Defenses
Assignment and Transfer
Governing Law
Dispute Resolution
Notices
Amendment and Variation
Expiry and Return
Force Majeure
Representations and Warranties
Severability
Entire Agreement
Counterparts
Indemnification
Relevant Industries
Construction
Government Contracts
Infrastructure
Defense
Public Services
Relevant Teams
Legal
Procurement
Finance
Risk Management
Business Development
Treasury
Relevant Roles
Procurement Manager
Contract Manager
Bid Manager
Financial Director
Legal Counsel
Risk Manager
Treasury Manager
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