Bid Bond Bank Guarantee Template for Malaysia

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Key Requirements PROMPT example:

Bid Bond Bank Guarantee

"I need a Bid Bond Bank Guarantee for a Malaysian government infrastructure tender worth RM 50 million, with the guarantee amount set at 2.5% of the bid value and validity period until March 15, 2025, complying with all current government procurement guidelines."

Document background
The Bid Bond Bank Guarantee is a crucial document in Malaysian tender processes, required when companies participate in significant commercial or government tenders. It provides financial security to the tender issuer, typically ranging from 2-5% of the bid value, ensuring that bidders maintain their commitment to the tender process. The guarantee is governed by Malaysian law, particularly the Financial Services Act 2013 and relevant Bank Negara Malaysia guidelines. This type of bank guarantee is commonly used in construction, infrastructure, and large-scale procurement projects, where it protects the tender issuer against bidders who might withdraw their bids or fail to proceed with the contract after being selected. The document must comply with local banking regulations and typically remains valid from the tender submission date until shortly after the expected tender award date.
Suggested Sections

1. Bank Details and Reference: Header section containing the issuing bank's details, reference number, and date

2. Addressee Details: Full details of the beneficiary (tender issuer)

3. Guarantee Amount: Clear statement of the guaranteed sum in figures and words

4. Tender Reference: Details of the tender/bid being guaranteed, including tender reference number and title

5. Principal Identity: Details of the bidder/tenderer on whose behalf the guarantee is issued

6. Guarantee Period: Validity period of the guarantee including start and end dates

7. Claim Conditions: Terms and conditions under which the guarantee can be called upon

8. Payment Terms: Specifics of how payment will be made upon valid claim

9. Governing Law: Statement of Malaysian law as governing law

10. Execution Block: Authorized signatories section for the bank

Optional Sections

1. Extension Clause: Optional clause regarding possibility of extending the guarantee validity period

2. Assignment Restriction: Clause prohibiting assignment of the guarantee, if required by bank policy

3. Counter Guarantee Reference: Reference to any counter-guarantee arrangements, if applicable for international tenders

4. Claim Period: Additional section specifying the period within which claims must be made after expiry, if different from standard terms

5. Digital Verification: Section for digital verification codes or methods, if the bank uses electronic guarantee systems

Suggested Schedules

1. Tender Details Schedule: Detailed description of the tender project and requirements (if extensive)

2. Claim Procedures: Step-by-step procedures for making a claim under the guarantee

3. Form of Demand: Prescribed format for submitting a claim under the guarantee

4. Authentication Schedule: Details of authorized signatories and verification procedures for claims

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 Industries

Construction

Infrastructure Development

Oil and Gas

Public Works

Defense

Telecommunications

Energy

Transportation

Healthcare Infrastructure

Government Projects

Mining

Manufacturing

Utilities

Relevant Teams

Legal

Finance

Procurement

Treasury

Commercial

Risk Management

Business Development

Project Management

Tender

Compliance

Relevant Roles

Procurement Manager

Tender Manager

Project Director

Legal Counsel

Contract Manager

Chief Financial Officer

Treasury Manager

Bank Relationship Manager

Bid Manager

Commercial Director

Risk Manager

Company Secretary

Finance Director

Business Development Manager

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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