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Bid Bond Tender Guarantee Template for United States

A Bid Bond Tender Guarantee is a legal instrument used in the United States that provides financial protection to project owners (obligees) during the bidding process. It ensures that the bidder (principal) will honor their bid and enter into the contract if selected. Regulated by federal and state laws, including the Miller Act and state-specific surety regulations, this document typically guarantees 5-10% of the bid amount and remains valid throughout the bid evaluation period.

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What is a Bid Bond Tender Guarantee?

A Bid Bond Tender Guarantee is a crucial document in U.S. public and private sector procurement processes. It serves as a risk management tool that protects project owners from bidders who might withdraw their bids or fail to execute the contract if awarded. The bond amount typically ranges from 5-10% of the bid value and can be called upon if the winning bidder fails to proceed with the contract. This document is particularly important in construction and government contracting, where it's often mandated by federal laws like the Miller Act and state regulations. The bond remains active during the bid evaluation period and expires either upon contract award to another bidder or when the principal enters into the contract.

What sections should be included in a Bid Bond Tender Guarantee?

1. Parties: Identifies the Principal (bidder), Surety (guarantor), and Obligee (project owner)

2. Background: Details of the project being bid on and the tender requirements

3. Definitions: Key terms used in the bond document including Principal, Surety, Obligee, Bid, and Bond Amount

4. Bond Amount: Specific sum guaranteed under the bond (typically 5-10% of bid amount)

5. Conditions of the Bond: Circumstances under which the bond becomes payable, including failure to execute contract or withdraw bid

6. Duration: Validity period of the bond and conditions for expiry

7. Governing Law: Specification of applicable federal and state laws governing the bond

What sections are optional to include in a Bid Bond Tender Guarantee?

1. Alternative Dispute Resolution: Optional procedures for resolving disputes through mediation or arbitration before litigation

2. Step-in Rights: Provisions allowing the Surety to take over the bid if the Principal defaults

3. Claims Procedure: Detailed process for making claims against the bond

What schedules should be included in a Bid Bond Tender Guarantee?

1. Schedule A - Bid Details: Detailed information about the bid including pricing, scope, and project specifications

2. Schedule B - Power of Attorney: Document authorizing the surety's representative to execute the bond

3. Schedule C - Principal's Financial Information: Required financial statements or evidence of Principal's financial capacity

4. Schedule D - Bond Forms: Standard bond forms required by the relevant jurisdiction or authority

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use

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