BID BOND, 입찰보증, 영문계약서

BID BOND

- [On Bank Letterhead] -

 

 

[Name and Address of the Beneficiary]

For the attention of : [•]

 

 

Dear Sirs,

 

BID BOND (Reference No. : [•] )

 

In consideration of your accepting for adjudication the Bid of [Name and Address of the Bidder] (“Bidder”) for all Work for the design, detailed engineering, procurement, supply of materials, construction, commissioning, demonstration of performance Guarantees and training for the Project under your Invitation to Bid (“ITB”) issued on [DATE]. We, [Name of the Bank] (the “Bank”) hereby guarantee the immediate [•] US Dollars (US$ [•] ) in payment to you on your first written request, in the event of :

 

a)          your awarding the Contract for the Project to Bidder and of its failing to sign either such Contract in the terms of the Bid as submitted in response to the ITB, or

 

b)          in the event of Bidder signing such Contract and failing to submit a valid Performance Bond as required by the terms of the Contract, or

 

c)          in the event of Bidder withdrawing its Bid within [•] days of the date fixed for submission thereof or such longer period as you may agree with Bidder in writing.

 

The term “Bidder” herein shall include any entity or entities nominated by the Bidder in the Bid to be the contracting party or parties for the Contract.

 

This Bid Bond is valid until the expiration of the Bid validity period as stated in the ITB or any extension thereof and, in the event that the Bid is accepted, until such time as Bidder shall have delivered to you a Performance Bond in respect of the Contract, as required by the terms of the said Contract.

 

This Bid Bond comes into force and becomes valid from the date of issuance.

 

If, at any time during the period that this Bid Bond is valid, you shall agree with Bidder any extension of time for the validity of the bid or any other matter, it is agreed that the Bank will extend this Bid Bond under the same conditions for the required period of time without the requirement to notify us of such extension.

 

Our liability is limited to the amount of [•] US Dollars (US$ [•] ) and any claim hereunder must be received in writing at this office, accompanied by your statement that Bidder has been awarded the relative Contract for the Project and has failed to sign the Contract awarded in the terms of the Bid as submitted in response to ITB, or has failed to provide a Performance Bond under the Contract, or has withdrawn its Bid before expiry of this Bond, and such statement shall be accepted as conclusive evidence that the amount claimed is due and payable to you, immediately without delay and without necessity of prior notice or of judicial or administrative procedures of whatsoever nature.

 

Our obligations hereunder are of the prime obligor and not merely as a surety and accordingly you shall not be required to first demand or attempt to collect the money from Bidder prior to demanding such sum from us. We shall pay you upon such demand and you shall not be required to explain or prove to us the liability of Bidder.

 

It is further guaranteed by us, that the payment under this Bid Bond shall be made by us within [•] days from the receipt of your written demand making reference to this Bid Bond.

 

This Bid Bond is to remain in force from the date of issuance up to the date of expiration notwithstanding any change in the structure of the Bidder or of the bank.

 

This Bid Bond shall be construed in accordance with the laws of [Name of the Country].

 

 

Yours faithfully,

 

For and on behalf of [Name of Bank]

 

3 Bid Bond.doc