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Bid Security Bank Guarantee for the United Kingdom

Bid Security Bank Guarantee Template for England and Wales

A Bid Security Bank Guarantee is a financial instrument governed by English and Welsh law, where a bank provides an undertaking to pay a specified sum to the beneficiary if the bidder fails to honor their bid commitments. It serves as security for the tender organizer, ensuring that only serious bidders participate in the tender process and that the winning bidder will proceed with the contract award.

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Bid Security Bank Guarantee

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What is a Bid Security Bank Guarantee?

A Bid Security Bank Guarantee is commonly required in competitive tender processes to ensure the integrity of bids and protect tender organizers from non-serious or speculative bidders. Under English and Welsh law, these guarantees are typically issued by banks at the request of their clients who are participating in tenders. The guarantee amount usually ranges from 1% to 5% of the bid value and becomes payable if the bidder withdraws their bid during its validity period or fails to sign the contract if selected. The document includes specific details about the tender, parties involved, guarantee amount, validity period, and conditions for payment.

What sections should be included in a Bid Security Bank Guarantee?

1. Bank Details and Contact Information: Full legal name, registration details, and contact information of the issuing bank

2. Beneficiary Details: Complete identification of the party receiving the guarantee, including registration details and address

3. Reference to Bid: Specific details of the tender/bid process including tender reference number, project name, and submission date

4. Guarantee Amount: The specific amount of the guarantee in numbers and words, including currency specification

5. Validity Period: Clear statement of when the guarantee becomes effective and when it expires, including any conditions for extension

6. Demand Requirements: Detailed process for making a claim under the guarantee, including format and documentation requirements

7. Payment Terms: Timeframe and method for payment upon receipt of a valid demand

What sections are optional to include in a Bid Security Bank Guarantee?

1. Governing Law Clause: Explicit statement that the guarantee is governed by the laws of England and Wales (used in international contexts)

2. Assignment Clause: Provisions regarding whether and how the guarantee rights may be transferred

3. Force Majeure: Provisions dealing with extraordinary circumstances that might affect the guarantee

4. Dispute Resolution: Specific procedures for resolving disputes related to the guarantee

What schedules should be included in a Bid Security Bank Guarantee?

1. Form of Demand: Standard template to be used when making a claim under the guarantee

2. Copy of Bid Documents: Reference documents identifying the underlying bid/tender process

3. Bank Authorization Evidence: Documentation proving the authority of the bank signatories to issue the guarantee

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions






















Clauses






















Industries

Financial Services and Markets Act 2000: Primary UK legislation that regulates financial institutions providing guarantees and sets requirements for authorized institutions issuing bank guarantees

Companies Act 2006: Governs corporate capacity, authority requirements, and execution requirements for companies entering into guarantee agreements

Statute of Frauds 1677: Historic legislation still relevant today that requires guarantees to be in writing and signed to be legally enforceable

PRA Requirements: Prudential Regulation Authority requirements governing banks and financial institutions issuing guarantees

FCA Regulations: Financial Conduct Authority regulations ensuring consumer protection and market integrity in financial services

Bank of England Regulations: Central bank regulations affecting financial institutions and their ability to issue guarantees

Common Law of Guarantees: Body of case law establishing principles regarding guarantees, including distinction between guarantees and indemnities, rights of guarantors, and principal debtor-creditor relationships

Contract Law Principles: Fundamental legal principles including offer, acceptance, consideration, intention to create legal relations, and certainty of terms

URDG 758: Uniform Rules for Demand Guarantees, providing international standards and best practices for demand guarantees

ICC Guidelines: International Chamber of Commerce guidelines establishing international banking practices and standard forms for guarantees

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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