Performance Bank Guarantee In Tender Template for Germany

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Key Requirements PROMPT example:

Performance Bank Guarantee In Tender

"I need a Performance Bank Guarantee in Tender for a €5 million construction project in Berlin, with the guarantee amount being 10% of the tender value and valid until March 15, 2025, ensuring compliance with German public procurement regulations."

Document background
The Performance Bank Guarantee In Tender is a crucial document in German tender proceedings, typically required when participating in significant public or private sector tenders. It serves as a financial security instrument where a bank guarantees the bidder's performance obligations during the tender process. This guarantee is particularly important in high-value tenders within Germany, where it provides protection to the tender issuer against bidders who might withdraw their bids or fail to honor their commitments. The document must comply with German banking regulations, contract law (BGB), and public procurement requirements where applicable. It typically represents a percentage of the tender value and remains valid throughout the tender process until either the contract is awarded to another bidder or the successful bidder provides the required performance security.
Suggested Sections

1. Parties: Identification of the Bank (Guarantor), the Principal (Tenderer/Bidder), and the Beneficiary (Tender Issuer)

2. Background: Details of the tender process, reference numbers, and the context requiring the guarantee

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

4. Guarantee Amount: Clear statement of the maximum guaranteed sum and currency

5. Scope of Guarantee: Specific conditions under which the guarantee can be called upon

6. Duration and Validity: Effective date, expiry date, and any automatic extension provisions

7. Demand Requirements: Process and formal requirements for making a claim under the guarantee

8. Payment Terms: Timeline and method of payment upon valid demand

9. Reduction and Release: Conditions under which the guarantee amount may be reduced or the guarantee released

10. Governing Law and Jurisdiction: Explicit statement of German law application and jurisdiction

Optional Sections

1. Transfer and Assignment: Rules regarding transfer of guarantee rights, included when transfer might be relevant

2. Language: Specification of controlling language version, needed for international tenders

3. Force Majeure: Provisions for extraordinary circumstances, included for higher-value or international guarantees

4. Anti-Money Laundering Compliance: Additional compliance requirements, included for international or high-value guarantees

5. Electronic Submission: Provisions for electronic demand submission, included when electronic processing is accepted

6. Multiple Beneficiaries: Special provisions when there are multiple beneficiaries in the tender process

7. Partial Claims: Provisions allowing partial claims under the guarantee, included when specifically requested

Suggested Schedules

1. Demand Form: Standard form for making a claim under the guarantee

2. Tender Details: Summary of the tender process and requirements

3. Bank's Authorization: Evidence of authority of bank signatories

4. Principal's Request Letter: Copy of the request letter from the Principal to issue the guarantee

5. Tender Notice/Invitation: Copy of the relevant tender notice or invitation to tender

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

Relevant legal definitions
Clauses
Relevant Industries

Construction and Infrastructure

Manufacturing

Energy and Utilities

Public Sector

Transportation

Telecommunications

Defense and Security

Healthcare Infrastructure

Environmental Services

Information Technology

Industrial Projects

Relevant Teams

Legal

Finance

Procurement

Treasury

Risk Management

Commercial

Business Development

Operations

Compliance

Project Management

Bid Management

Relevant Roles

Procurement Manager

Legal Counsel

Finance Director

Project Manager

Bid Manager

Contract Administrator

Treasury Manager

Risk Manager

Commercial Director

Business Development Manager

Tender Coordinator

Banking Relationship Manager

Compliance Officer

Chief Financial Officer

Operations 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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