Performance Guarantee In Tender Template for Malaysia

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Key Requirements PROMPT example:

Performance Guarantee In Tender

"I need a Performance Guarantee in Tender for a Malaysian government infrastructure project worth RM 50 million, where our company is bidding for a highway construction tender that requires a 2% guarantee valid until March 2025."

Document background
The Performance Guarantee In Tender serves as a critical risk mitigation tool in Malaysian tender processes, providing financial security to tender issuers against potential defaults or withdrawals by tender participants. This document is commonly required in both public and private sector tenders, particularly for high-value projects in construction, infrastructure, and government procurement. Under Malaysian law, these guarantees must comply with specific regulatory requirements, including those set by Bank Negara Malaysia and relevant procurement authorities. The guarantee typically specifies the maximum liability amount, validity period, calling conditions, and claim procedures, while also incorporating necessary provisions for compliance with Malaysian banking and contract laws. This type of guarantee is essential for maintaining the integrity of the tender process and ensuring serious participation from bidders.
Suggested Sections

1. Parties: Identifies the Guarantor (usually a bank or financial institution), the Beneficiary (tender issuer), and the Principal (tender participant)

2. Background: Describes the tender context, reference to the tender process, and the requirement for the guarantee

3. Definitions: Defines key terms used throughout the guarantee document

4. Guarantee Amount: Specifies the maximum sum guaranteed and currency

5. Scope of Guarantee: Details what the guarantee covers in relation to the tender obligations

6. Duration and Validity: Specifies the effective date, expiry date, and any automatic extension conditions

7. Demand Requirements: Sets out the process and conditions for making a claim under the guarantee

8. Payment Obligations: Details the guarantor's obligations to pay upon receipt of a valid demand

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

10. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and determines jurisdiction for disputes

Optional Sections

1. Assignment and Transfer: Include when transfer of rights under the guarantee needs to be restricted or permitted under specific conditions

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

3. Partial Demands: Include when multiple or partial calls on the guarantee are to be permitted

4. Counter-Indemnity: Include when there's a separate counter-indemnity arrangement with the Principal

5. Language Preference: Include when the guarantee might be used in international contexts requiring language priority clauses

6. Stamp Duty Declaration: Include when specific stamp duty requirements need to be acknowledged

Suggested Schedules

1. Form of Demand: Template for making a valid demand under the guarantee

2. Tender Details: Specific details of the tender including reference numbers and project description

3. Principal's Tender Obligations: Summary of the key obligations that are being guaranteed

4. Authorized Signatories: List of persons authorized to make demands under the guarantee

5. Communication Details: Contact information and notification procedures for all parties

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

Energy

Oil and Gas

Telecommunications

Defense

Healthcare

Transportation

Public Works

Utilities

Manufacturing

Technology

Real Estate Development

Relevant Teams

Legal

Procurement

Finance

Commercial

Risk Management

Operations

Business Development

Compliance

Treasury

Project Management

Relevant Roles

Procurement Manager

Legal Counsel

Contract Manager

Project Director

Tender Manager

Commercial Manager

Risk Manager

Finance Director

Business Development Manager

Bid Manager

Company Secretary

Treasury Manager

Chief Financial Officer

Operations Director

Compliance 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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