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Performance Guarantee In Tender for South Africa

Performance Guarantee In Tender Template for South Africa

A Performance Guarantee in Tender is a financial instrument commonly used in South African tender processes where a bank or financial institution guarantees the performance obligations of a tenderer to the tender authority. The document, governed by South African law, provides security to the beneficiary that the tenderer will fulfill their obligations if awarded the contract. It includes specific details about the guarantee amount, validity period, conditions for calling on the guarantee, and payment terms, all structured within the framework of South African procurement legislation and banking regulations.

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Performance Guarantee In Tender

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What is a Performance Guarantee In Tender?

The Performance Guarantee in Tender serves as a critical risk mitigation tool in South African tender processes, particularly in public procurement. It is required when participating in significant tenders where the tender authority needs security against non-performance. The guarantee provides assurance that the tenderer will honor their bid commitments and proceed with the contract if successful. Governed by South African law, including the Public Finance Management Act and the Preferential Procurement Policy Framework Act, this document typically represents a percentage of the tender value and remains valid throughout the tender period. The Performance Guarantee in Tender must comply with specific regulatory requirements and banking practices established by the South African Reserve Bank and major commercial banks.

What sections should be included in a Performance Guarantee In Tender?

1. Identification of Parties: Details of the Guarantor (bank/financial institution), the Tenderer (principal), and the Beneficiary (tender authority)

2. Tender Reference: Specific details of the tender, including tender number, description, and closing date

3. Guarantee Amount: The specific sum guaranteed, stated both in numbers and words

4. Guarantee Undertaking: The core undertaking by the guarantor to pay the specified amount upon demand

5. Conditions for Payment: Clear stipulation of circumstances under which the guarantee can be called upon

6. Validity Period: The period during which the guarantee remains valid, including start and expiry dates

7. Payment Terms: Specifics of how and when payment will be made when the guarantee is called

8. Guarantee Reduction: Terms regarding any potential reduction in the guarantee amount over time

What sections are optional to include in a Performance Guarantee In Tender?

1. Transfer and Assignment: Include when the guarantee needs to be transferable or assignable

2. Jurisdiction and Dispute Resolution: Include when there's a need to specify governing law beyond South African law

3. Language Declaration: Include when the guarantee might be used in international contexts or multiple languages

4. Counter-Indemnity Reference: Include when there's a separate counter-indemnity agreement with the tenderer

5. Multiple Guarantor Provisions: Include when more than one guarantor is involved in providing the guarantee

What schedules should be included in a Performance Guarantee In Tender?

1. Demand Form Template: Standard format for making a demand under the guarantee

2. Tender Details: Detailed description of the tender requirements and specifications

3. Evidence Requirements: List of documents/evidence required when making a claim

4. Bank Details: Banking details for payment of guarantee amounts

Authors

Alex Denne

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

Jurisdiction

South Africa

Publisher

Ƶ

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions


























Clauses

























Relevant Industries

Construction

Infrastructure Development

Mining

Public Works

Transportation

Energy

Telecommunications

Defense

Healthcare Infrastructure

Municipal Services

Information Technology

Manufacturing

Engineering Services

Relevant Teams

Legal

Finance

Procurement

Commercial

Risk Management

Treasury

Compliance

Business Development

Project Management

Operations

Relevant Roles

Procurement Manager

Tender Specialist

Contract Manager

Legal Counsel

Financial Manager

Project Manager

Risk Manager

Commercial Director

Chief Financial Officer

Business Development Manager

Compliance Officer

Treasury Manager

Bank Relationship Manager

Bid Manager

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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