VOLUME 1 SECTION 3:
TENDER GUARANTEE FORM
MODEL TENDER GUARANTEE Works contract(to be completed on the paper bearing the letterhead of the financial institution) For the intention of The National Authorising Officer of the EDF in The Gambia,Department of State for Finance and Economic Affairs,The Quadrangle, Banjul, The Gambia Referred to below as the Contracting Authority Title of Contract: Rehabilitation of Selected Crafts of The Gambia Groundnut Corporation (GGC) River Transport Fleet (Three Tug Boats, Two Motorised Barges, Three Motorised Barges converted into Dummy barges, and Two Dummy Barges) Identification Number : We, the undersigned, <name and address of financial institution>, hereby irrevocable declare that we will guarantee, as principal obligor, and not merely as a surety on behalf of <Tenderer's name and address> the payment to the Contracting authority of [amount of the tender guarantee], this amount representing the guarantee referred to in article 11 of the Procurement notice. Payment shall be made without objection or legal proceedings of any kind, upon receipt of your first written claim (sent by registered letter with confirmation of receipt) if the Tenderer does not fulfil all obligations stated in its tender. We shall not delay the payment, nor shall we oppose it for any reason whatsoever. We shall inform you in writing as soon as the payment has been made. We note that the guarantee will be released at the latest within 60 days of the expiry of the tender validity period, including any extensions, in accordance with Article 18 of the Instructions to Tenderers [and in any case at the latest on (1 year after the deadline for submission of tenders)]. [Any request to pay under the terms of the guarantee must be countersigned by the Head of Delegation of the European Commission in the country of the contracting authority. In case of a temporary substitution of the Contracting authority by the Commission, any request for payment of the guarantee will only bear the signature of the representative of the Commission, whether the Head of Delegation concerned, or the authorised person at Headquarters level. The law applicable to this guarantee shall be that of <country of the Contracting Authority/country in which the financial institution issuing the guarantee is established>. Any dispute arising out of or in connection with this guarantee shall be referred to the courts of <name of the country of the Contracting Authority>. The guarantee will enter into force and take effect from the submission deadline of the tender. Done at ………….., ../../.. Name and first name: ………………………For:……………………] Signature: …………….. [stamp of the body providing the guarantee]
This mention has to be inserted only where the law applicable to the guarantee imposes a precise expiry date. |
