Performance Bank Guarantee In Tender Template for Malaysia

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Key Requirements PROMPT example:

Performance Bank Guarantee In Tender

"I need a Performance Bank Guarantee in Tender for a Malaysian government infrastructure project worth RM 50 million, where my company is bidding as the main contractor, with the guarantee amount set at 2% of the tender value and validity until March 15, 2025."

Document background
The Performance Bank Guarantee In Tender is a critical financial instrument commonly required in Malaysian tender processes to ensure the serious participation of bidders and secure their performance obligations. It is typically requested by project owners or tender issuers to protect against potential defaults or non-performance by tender participants. The guarantee amount usually ranges from 2% to 5% of the tender value, depending on project requirements. Under Malaysian law, these guarantees must be properly stamped according to the Stamp Act 1949 and comply with the Financial Services Act 2013. The document outlines the guarantee amount, validity period, claim conditions, and specific circumstances under which the guarantee can be called upon. It's particularly crucial in high-value tenders and government procurement processes where substantial financial commitments are involved.
Suggested Sections

1. Bank Details and Reference: Full details of the issuing bank, including branch, and the guarantee reference number

2. Beneficiary Details: Complete details of the party in whose favor the guarantee is issued

3. Principal Details: Complete details of the party on whose behalf the guarantee is being issued

4. Tender/Contract Reference: Details of the tender or contract for which the guarantee is being issued

5. Guarantee Amount: The maximum amount guaranteed, expressed in both figures and words

6. Guarantee Period: The validity period of the guarantee, including start and end dates

7. Purpose of Guarantee: Clear statement of the purpose and scope of the guarantee in relation to the tender

8. Claim Conditions: Specific conditions under which the guarantee can be called upon

9. Claim Process: Procedure for making a claim under the guarantee

10. Expiry and Return: Terms regarding expiry of the guarantee and return of the guarantee document

11. Governing Law: Statement that the guarantee is governed by Malaysian law

12. Binding Effect: Declaration of the binding nature of the guarantee on the bank

Optional Sections

1. Multiple Beneficiaries Clause: Required when the guarantee is issued in favor of multiple beneficiaries

2. Assignment Clause: Include when the guarantee needs to be assignable to other parties

3. Counter-Guarantee Reference: Required when the guarantee is issued based on a counter-guarantee from another bank

4. Language Declaration: Required when the guarantee is issued in multiple languages

5. Force Majeure Clause: Optional clause defining circumstances beyond control that might affect the guarantee

6. Electronic Presentation Clause: Include when electronic submission of claims is permitted

Suggested Schedules

1. Schedule 1 - Tender Details: Detailed description of the tender project, reference numbers, and dates

2. Schedule 2 - Form of Demand: Prescribed format for making a claim under the guarantee

3. Schedule 3 - Supporting Documents: List of required documents to be submitted with any claim

4. Appendix A - Bank's Authorization: Copy of the bank's internal approval or authorization for issuing the guarantee

5. Appendix B - Principal's Request: Copy of the application or request from the Principal for the issuance of the guarantee

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

Manufacturing

Public Works

Telecommunications

Energy

Defense

Transportation

Healthcare Infrastructure

Education Infrastructure

Utilities

Mining

Real Estate Development

Relevant Teams

Legal

Finance

Procurement

Treasury

Risk Management

Commercial

Operations

Compliance

Contract Administration

Bid Management

Relevant Roles

Procurement Manager

Contract Manager

Legal Counsel

Finance Director

Project Manager

Tender Manager

Risk Manager

Commercial Director

Treasury Manager

Bank Relationship Manager

Compliance Officer

Chief Financial Officer

Bid Manager

Company Secretary

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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