Security Forms

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    SECTIONVII FORMSOFSECURITY

    Section VII. Security Forms

    Samples of acceptable forms of Tender, Performance, and Advance Payment Securities are provided

    in this Section VII. Tenderers shall not complete the Performance and Advance Payment Security

    forms at this stage of the procurement process. Only the successful Tenderer shall be required to

    provide these to securities.

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    SECTIONVII FORMSOFSECURITY

    1. Form of Tender Security (BankGuarantee)

    (Not Applicable)

    !If required, the "an#/Tenderer shall fill in this "an# $uarantee form in accordance ith the

    instructions indicated in brac#ets.%&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

    !insert ban#'s name, and address of issuing branch or office%

    Beneficiary: !insert name and address of Purchaser

    Date: !insert date%

    TENDER GUARANTEE No.: !insert number%

    We have been informed that !insert name of the Tenderer( if a )oint venture, list complete legal names

    of partners% (hereinafter called "the Tenderer") has submitted to you its tender dated !insert date%

    (hereinafter called "the Tender") for the execution of !insert name of *ontract%under Invitation for

    Tenders No. !insert I+" number% (the IFB).

    Furthermore! e understand that! accordin# to your conditions! Tenders must be su$$orted by a

    Tender %uarantee.

    &t the re'uest of the Tenderer! e !insert name of ban#% hereby irrevocably undertae to $ay you any

    sum or sums not exceedin# in total an amount of !insert amount in figures epressed in the currency

    of the Purchaser's *ountry or the equivalent amount in an international freely convertible currency%

    (!insert amount in ords%) u$on recei$t by us of your first demand in ritin# accom$anied by a

    ritten statement statin# that the Tenderer is in breach of its obli#ation(s) under the tender conditions!

    because the Tenderer

    (a) has ithdran its Tender durin# the $eriod of tender validity s$ecified by the

    Tenderer in the Form of Tender* or

    (b) does not acce$t the correction of errors in accordance ith the Instructions to

    Tenderers (hereinafter the ITB) of the IFB* or

    (c) havin# been notified of the acce$tance of its Tender by the +urchaser durin# the $eriod

    of tender validity! (i) fails or refuses to execute the ,ontract Form! if re'uired! or (ii)

    fails or refuses to furnish the +erformance -ecurity! in accordance ith the ITB.

    This %uarantee shall ex$ire (a) if the Tenderer is the successful tenderer! u$on our recei$t of co$ies

    of the ,ontract si#ned by the Tenderer and of the +erformance -ecurity issued to you by the Tenderer*

    or (b) if the Tenderer is not the successful tenderer! u$on the earlier of (i) our recei$t of a co$y of your

    notification to the Tenderer that the Tenderer as unsuccessful! or (ii) tentyei#ht days after the

    ex$iration of the Tenderer/s Tender.

    ,onse'uently! any demand for $ayment under this %uarantee must be received by us at the office on

    or before that date.

    This %uarantee is sub0ect to the 1niform 2ules for 3emand %uarantees! I,, +ublication No. 456.

    _____________________________

    !signature-s of authorised representative-s %

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    3. Tender-Securing eclaration

    !If required, the Tenderershall fill in this form in accordance ith the instructions indicated in

    brac#ets.%

    3ate !insert date%Name of contract !insert name%

    ,ontract Identification No !insert number%

    Invitation for Tender No. !insert number%

    To____________________________

    We! the undersi#ned! declare that

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    SECTIONVII FORMSOFSECURITY

    !. "erformance Ban# $uarantee (%nconditional)

    (Not Applicable)

    CThe ban!"successful Tenerer$rovidin# the %uarantee shall fill in this form in accordance ith the

    instructions indicated in bracets! if the +urchaser re'uires this ty$e of security.D

    !insert ban#'s name, and address of issuing branch or office%

    Beneficiary: !insert name and address of Purchaser%

    Date: !insert date%

    #ER$%R&AN'E GUARANTEE No.: !insert Performance $uarantee number%

    We have been informed that !insert name of *ontractor%(hereinafter called "the ,ontractor") has

    entered into ,ontract No. !insert reference number of the *ontract% dated ith you! for the execution

    of !insert name of *ontract and brief description of 0or#s%(hereinafter called "the ,ontract").

    Furthermore! e understand that! accordin# to the conditions of the ,ontract! a $erformance

    #uarantee is re'uired.

    &t the re'uest of the ,ontractor! e !insert name of "an#%hereby irrevocably undertae to $ay you

    any sum or sums not exceedin# in total an amount of !insert amount in figures% (!insert amount in

    ords%!1such sum bein# $ayable in the ty$es and $ro$ortions of currencies in hich the ,ontract

    +rice is $ayable! u$on recei$t by us of your first demand in ritin# accom$anied by a ritten

    statement statin# that the ,ontractor is in breach of its obli#ation(s) under the ,ontract! ithout your

    needin# to $rove or to sho #rounds for your demand or the sum s$ecified therein.

    This #uarantee shall ex$ireno later than tentyei#ht days from the date of issuance of the Tain#

    7ver ,ertificate! calculated based on a co$y of such ,ertificate hich shall be $rovided to us! or on

    the Cinsert numberday of !insert month%, !insert year%,2hichever occurs first. ,onse'uently! any

    demand for $ayment under this #uarantee must be received by us at this office on or before that date.

    This #uarantee is sub0ect to the 1niform 2ules for 3emand %uarantees! I,, +ublication No. 456!

    exce$t that sub$ara#ra$h (ii) of -ubarticle =E(a) is hereby excluded.

    @@@@@@@@@@@@@@@@@@@@@

    !signature-s of an authorised representative-s of the "an# %

    < The $uarantor -ban# shall insert an amount representing the percentage of the *ontract Price specified in the

    *ontract and denominated either in the currency-ies of the *ontract or a freely convertible currency acceptable to the

    $overnment of the Solomon Islands.= Insert the date tenty3eight days after the epected *ompletion date. The Purchaser should note that in the event

    of an etension of the time for completion of the *ontract, the $overnment of the Solomon Islands ould need to

    request an etension of this $uarantee from the $uarantor. Such request must be in riting and must be made prior to

    the epiration date established in the $uarantee. In preparing this $uarantee, the Purchaser might consider adding the

    folloing tet to the form, at the end of the penultimate paragraph4 5The $uarantor agrees to a one3time etension ofthis $uarantee for a period not to eceed !si months%!one year%, in response to the P6's ritten request for suchetension, such request to be presented to the $uarantor before the epiry of the $uarantee.7

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    SECTIONVII FORMSOFSECURITY

    &. "erformance Bond

    (Not Applicable)

    !The Surety8successful Tenderer providing the "ond shall fill in this form in accordance ith the

    instructions indicated in brac#ets, if the Purchaser requires this type of security%

    By this Bond! Cinsert name and address of ,ontractorD as +rinci$al (hereinafter called the

    ,ontractor) and Cinsert name! le#al title! and address of surety! bondin# com$any! or insurance

    com$anyD as -urety (hereinafter called the -urety)! are held and firmly bound unto Cinsert name and

    address of contractin# ?inistry! &uthority or a#ency of the +urchaserD as 7bli#ee (hereinafter called

    the +urchaser) in the amount of Cinsert amount of BondD Cinsert amount of Bond in ordsD!>for the

    $ayment of hich sum ell and truly to be made in the ty$es and $ro$ortions of currencies in hich

    the ,ontract +rice is $ayable! the ,ontractor and the -urety bind themselves! their heirs! executors!

    administrators! successors! and assi#ns! 0ointly and severally! firmly by these $resents.

    Whereas the ,ontractor has entered into a ,ontract ith the +urchaser dated4

    the Cinsert numberD dayof Cinsert monthD! Cinsert yearD for Cinsert name of ,ontractD in accordance ith the documents! $lans!

    s$ecifications! and amendments thereto! hich to the extent herein $rovided for! are by reference

    made $art hereof and are hereinafter referred to as the ,ontract.

    No! therefore! the ,ondition of this 7bli#ation is such that! if the ,ontractor shall $rom$tly and

    faithfully $erform the said ,ontract (includin# any amendments thereto)! then this obli#ation shall be

    null and void* otherise it shall remain in full force and effect. Whenever the ,ontractor shall be! and

    declared by the +urchaser to be! in default under the ,ontract! the +urchaser havin# $erformed the

    +urchaser/s obli#ations thereunder! the -urety may $rom$tly remedy the default! or shall $rom$tly

    ( An amount is to be inserted by the Surety, representing the percentage of the *ontract Price specified

    in the *ontract 9ata, and denominated either in the currency-ies of the *ontract or in a freely convertiblecurrency of type and amount acceptable to the $overnment of the Solomon Islands.

    4 9ate of :etter of Acceptance or Agreement.

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    +urchaser.

    In testimony hereof! the ,ontractor has hereunto set its hand and affixed its seal! and the -urety has

    caused these $resents to be sealed ith its cor$orate seal duly attested by the si#nature of its le#al

    re$resentative! this !insert day%day of!insert month%! !insert year%.

    -i#ned by !insert signature-s of authorised representative-s %

    on behalf of !name of *ontractor%in the ca$acity of !insert title-s%

    In the $resence of !insert name and signature of itness%

    3ate !insert date%

    -i#ned by !insert signature-s of authorised representative-s of Surety%

    on behalf of !name of Surety %in the ca$acity of !insert title-s%

    In the $resence of !insert name and signature of itness%

    3ate !insert date%

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    SECTIONVII FORMSOFSECURITY

    '. Ban# $uarantee for Adance "ayment

    The bank/successful tendererproviding the $uarantee shall fill in this form in accordance ith the

    instructions indicated in brac#ets, if an Advance Payment is to be provided under the *ontract

    !insert "an#'s name, and address of issuing branch or office%

    Beneficiary: !insert name and address of Purchaser%

    Date: !insert date%

    ADAN'E #A&ENT GUARANTEE No.: !insert number%

    We have been informed that !insert name of *ontractor%(hereinafter called "the ,ontractor") has

    entered into ,ontract No. !insert reference number of the contract% dated !insert date% ith you! for

    the execution of !insert name of contract and brief description of 0or#s% (hereinafter called "the

    ,ontract").

    Furthermore! e understand that! accordin# to the conditions of the ,ontract! an advance $ayment is

    to be made a#ainst an advance $ayment #uarantee in the sum or sums indicated belo.

    &t the re'uest of the ,ontractor! e !insert name of "an#%hereby irrevocably undertae to $ay you

    any sum or sums not exceedin# in total an amount of !insert amount in figures% (!insert amount in

    ords%;) u$on recei$t by us of your first demand in ritin# accom$anied by a ritten statement

    statin# that the ,ontractor is in breach of its obli#ation under the ,ontract because the ,ontractor

    used the &dvance +ayment for $ur$oses other than the costs of mobilisation in res$ect of the Wors.

    It is a condition for any claim and $ayment under this #uarantee to be made that the &dvance +ayment

    referred to above must have been received by the ,ontractor on its account number !insert account

    number%at !insert name and address of "an#%.

    The maximum amount of this #uarantee shall be $ro#ressively reduced by the amount of the &dvance

    +ayment re$aid by the ,ontractor as indicated in co$ies of interim statements or $ayment certificates

    hich shall be $resented to us. This #uarantee shall ex$ire! at the latest! u$on our recei$t of a co$y of

    the Interim +ayment ,ertificate indicatin# that ei#hty (6E) $ercent of the ,ontract +rice has been

    certified for $ayment! or on the !insert number%day of !insert month%, !insert year%! hichever is

    earlier. ,onse'uently! any demand for $ayment

    under this #uarantee must be received by us at this office on or before that date.

    This #uarantee is sub0ect to the 1niform 2ules for 3emand %uarantees! I,, +ublication No.

    456.

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    !insert signature-s of authorised representative-s of ban

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    The $uarantor shall insert an amount representing the amount of the Advance Payment anddenominated either in the currency-ies of the Advance Payment as specified in the *ontract, or in a freely

    convertible currency acceptable to the $overnment of the Solomon Islands.

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