The Performance Guarantee In Tender serves as a risk mitigation tool in Canadian business transactions, particularly in competitive bidding processes. It is typically required when participating in significant tenders or contracts where the project owner needs assurance of the bidder's capability and commitment to perform. The guarantee, issued by a bank or insurance company, provides financial security to the beneficiary, protecting against potential losses if the winning bidder fails to execute the contract or meet their obligations. This document must comply with Canadian federal legislation such as the Financial Administration Act and Contract Law Act, as well as relevant provincial regulations. The guarantee amount usually ranges from 5% to 10% of the contract value, though this can vary based on project requirements and risk assessment.
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1. Parties: Identification of the Guarantor (typically a bank or insurance company), the Principal (the tenderer/contractor), and the Beneficiary (the entity issuing the tender)
2. Background: Context of the tender, reference to the main tender/contract, and purpose of the guarantee
3. Definitions: Definitions of key terms used throughout the guarantee document
4. Guarantee Amount: Specification of the maximum guaranteed sum and currency
5. Scope of Guarantee: Details of what the guarantee covers and the conditions under which it becomes payable
6. Duration and Validity: Term of the guarantee, including start date and expiry conditions
7. Demand and Payment: Process and conditions for making a claim under the guarantee
8. Reduction and Release: Conditions under which the guarantee amount may be reduced or the guarantee released
9. Assignment: Provisions regarding the transferability of the guarantee
10. Governing Law and Jurisdiction: Specification of applicable law and courts having jurisdiction
11. Notices: Communication requirements and contact details for all parties
1. Multiple Beneficiaries: Required when the guarantee benefits multiple parties, specifying their rights and relationships
2. Step-In Rights: Used when the beneficiary requires the right to take over the contract in case of contractor default
3. Currency Provisions: Needed for international tenders or when multiple currencies are involved
4. Counter-Indemnity: Required when the guarantor needs additional security from the principal
5. Electronic Presentation: Include when electronic submission of claims is permitted
6. Language: Required for international contracts or in jurisdictions with multiple official languages
7. Force Majeure: Optional provisions for extraordinary circumstances affecting the guarantee
1. Form of Demand: Template for making a claim under the guarantee
2. Tender Details: Summary of the main tender specifications and requirements
3. Payment Schedule: If applicable, schedule of any staged reductions in the guarantee amount
4. Authority Documents: Evidence of authority and specimen signatures of authorized signatories
5. Project Timeline: Key dates and milestones relevant to the guarantee
6. Related Agreements: List and summaries of associated contracts or agreements
7. Communication Protocols: Detailed procedures for notifications and communications between parties
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Infrastructure
Public Works
Energy
Mining
Transportation
Healthcare
Defense
Telecommunications
Environmental Services
Manufacturing
Engineering Services
Utilities
Municipal Services
Information Technology
Relevant Teams
Legal
Procurement
Finance
Risk Management
Commercial
Operations
Compliance
Treasury
Business Development
Project Management
Bid Management
Contract Administration
Relevant Roles
Procurement Manager
Contract Administrator
Legal Counsel
Project Manager
Bid Manager
Financial Director
Risk Manager
Commercial Manager
Chief Financial Officer
Tender Coordinator
Compliance Officer
Business Development Manager
Operations Director
Corporate Secretary
Treasury Manager
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