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Understand how Bid Bonds and Performance Bonds work in Kenya, who needs them, their differences, application requirements, costs, validity periods and common tender mistakes.
Businesses bidding for tenders in Kenya may be asked to provide financial security at different stages of the procurement process.
The two securities most frequently requested are:
Although both are guarantees, they serve different purposes.
A Bid Bond is normally submitted together with the tender. It assures the procuring entity that the bidder will honour its tender obligations if selected.
A Performance Bond is normally submitted by the successful bidder before signing or beginning the contract. It guarantees that the contractor will perform the contract according to the agreed terms.
The Bid Bond protects the tendering process. The Performance Bond protects the contract after the tender has been awarded.
Businesses should carefully read the tender document because the required:
must match the tender instructions.
A valid bond issued using the wrong format or expiry date can still cause a bid to be rejected.
A Bid Bond is a guarantee submitted by a bidder as part of a tender application.
It gives the procuring entity financial protection against specified actions by the bidder during the tender process.
Under Kenya’s public procurement framework, a tender security may be provided in forms including:
The tender document determines the acceptable forms for that particular procurement.
A bidder should not assume that every procuring entity accepts insurance bonds merely because they are legally recognised. The specific tender instructions must be followed.
The following terms may refer to a similar requirement:
The precise wording in the tender document should be used when requesting the guarantee.
A procuring entity may spend considerable time and resources:
The Bid Bond helps discourage bidders from submitting offers they are unwilling or unable to honour.
It assures the procuring entity that the bidder is serious about participating and accepting the award under the tender conditions.
The Public Procurement Regulatory Authority’s standard tender documents describe tender security as protection against bidder conduct that could justify forfeiture of the security. (Public Procurement Regulatory Authority)
The exact triggers depend on the tender document and applicable procurement rules.
A Bid Bond may potentially be called where the bidder:
The bidder should read the bond wording carefully because the insurer’s obligation follows the guarantee—not an informal understanding between the bidder and procuring entity.
A business should never submit a tender merely to test the market where it is not prepared to accept and perform the contract.
Tender security may normally be released when the bidder’s obligation ends.
This may happen after:
Kenya’s Public Procurement and Asset Disposal Act allows immediate release of tender security in specified circumstances, including termination of the procurement proceedings. (Kenya Law)
The bidder should retain written evidence confirming that the procuring entity no longer requires the guarantee.
A Performance Bond is a guarantee provided by the successful bidder to secure proper performance of the awarded contract.
It gives the employer or procuring entity financial protection where the contractor fails to perform according to the contract.
The bond may apply to contracts involving:
Under Kenya’s Public Procurement and Asset Disposal Act, a successful tenderer may be required to provide Performance Security of not more than 10% of the contract amount before signing the contract, subject to the Act and regulations. (Kenya Law)
The actual percentage is stated in the tender and contract documents.
Do not automatically request a 10% bond. Use the exact percentage and amount required by the procuring entity.
Winning a tender does not guarantee that the contract will be completed successfully.
A contractor may:
The Performance Bond provides the procuring entity with financial recourse if a covered contractual default occurs.
It does not physically complete the project. Instead, the bond may provide payment up to the guaranteed amount when a valid demand is made under its terms.
The beneficiary may make a demand where the contractor fails to meet obligations covered by the guarantee.
Possible triggers include:
Whether payment is due depends on the form of guarantee.
Some Performance Bonds are written as on-demand guarantees, meaning the issuer may be required to pay upon receipt of a compliant written demand without first obtaining a court judgment against the contractor.
Others may contain conditions requiring evidence of default.
The applicant should understand the wording before signing the insurer’s indemnity.
Bid Bond: Protects the procuring entity during the tendering stage.
Performance Bond: Protects the procuring entity after the contract has been awarded.
Bid Bond: Any bidder required to submit tender security.
Performance Bond: The successful bidder or appointed contractor.
Bid Bond: Submitted with the tender.
Performance Bond: Submitted after award but before contract signing or commencement, according to the tender conditions.
Bid Bond: Usually a fixed amount or percentage stated in the tender document.
Performance Bond: Commonly a percentage of the contract value, subject to the tender and applicable procurement rules.
Bid Bond: Normally covers the bid-validity period plus any additional period required by the tender.
Performance Bond: Usually covers the contract-performance period and may extend beyond completion where required.
Bid Bond: Bidder withdrawing or failing to honour tender commitments.
Performance Bond: Contractor failing to perform the awarded contract.
They are issued within the insurance market, but they do not operate like ordinary property or motor insurance.
In conventional insurance:
In a guarantee bond:
This means the contractor may remain financially responsible after the insurer pays the beneficiary.
A bond is not protection against the consequences of failing to perform. It is a credit guarantee supporting the contractor’s obligation.
The principal is the bidder or contractor whose obligation is being guaranteed.
The beneficiary is the procuring entity, employer or client receiving the guarantee.
It may be:
The guarantor is the insurer, bank or approved financial institution issuing the bond.
A licensed insurance agent or broker may help the applicant:
Bid Bonds may be required from businesses participating in tenders involving:
The tender document should clearly state whether security is required.
Some tenders may provide exemptions or alternative declarations for specified categories of bidders.
Never assume that your business is exempt merely because it is:
Confirm the tender’s exact preference, reservation and security conditions.
Performance Bonds may be required from contractors and suppliers who have been awarded contracts.
They are common among:
The successful bidder should begin arranging the bond immediately after receiving the notification of award.
Waiting until the final contract-signing day can cause:
For public procurement, an insurance Bid Bond should come from a company that is:
PPRA publishes a list of insurance companies authorised to issue Bid Securities. Applicants should check the current list rather than relying on an old tender, advertisement or previous transaction. (Public Procurement Regulatory Authority)
The insurer must also be willing to underwrite the applicant.
Being on an approved list does not mean every insurer will accept every bond application.
Requirements vary by insurer, but applicants may be asked for:
The bidder should provide the complete page containing the bond instructions—not merely a WhatsApp message showing the amount.
Performance Bond underwriting is usually more detailed because the insurer is guaranteeing contract performance.
The applicant may need:
The insurer may also assess whether the applicant has:
Confirm:
Provide the relevant pages early enough for review.
Give accurate company, director and tender details.
Submit all requested financial and business records.
Confirm:
Keep the official payment confirmation.
Check every detail before including it in the tender.
Failure to submit the original, upload the correct document or include it in the required tender section may result in disqualification.
Do not wait until the contract-signing deadline.
The insurer needs to understand the obligation being guaranteed.
Performance Bonds require proper credit underwriting.
Depending on the applicant and contract, the insurer may require:
Confirm whether pricing is:
Ensure that it matches the employer’s required format.
The contract may not be signed or activated until the Performance Bond is accepted.
There is no universal premium.
The cost may depend on:
A Bid Bond premium is normally much lower than the guaranteed amount.
For example, a KSh 500,000 guarantee does not mean the applicant pays KSh 500,000 as the insurance premium.
The quotation should clearly distinguish:
Performance Bond pricing may depend on:
A contractor with strong financial records, adequate collateral and successful project experience may receive different terms from a new business with limited capital.
Obtain a written quotation after submitting the contract documents.
A straightforward Bid Bond can sometimes be processed quickly when:
Performance Bonds may take longer because the insurer must assess:
Businesses should not wait until the tender-closing or contract-signing date.
Urgency does not remove the insurer’s underwriting requirements.
An insurer may decline or postpone an application because of:
A declined insurance application does not necessarily mean the business cannot obtain a bond elsewhere, but every insurer will conduct its own assessment.
The beneficiary’s name must match the tender document exactly.
Even a small difference may make the tender non-responsive.
The bond must remain valid for the required period.
A general guarantee may not satisfy a prescribed tender format.
Check both the PPRA list and the tender conditions.
Do not edit dates, amounts or wording using PDF software.
Follow the tender’s submission instructions.
The insurer may be unable to complete underwriting before the deadline.
They apply at different procurement stages.
The insurer must still assess the contract and contractor.
A procuring entity may contact the issuing insurer to verify:
Applicants should therefore:
A false bond can lead to disqualification and serious legal or procurement consequences.
Yes, subject to the insurer’s approval.
A Bid Bond may require extension where:
A Performance Bond may require extension where:
The applicant should provide the extension request before the existing bond expires.
The insurer may require:
An extension is not automatic.
The contractor should obtain formal release after fulfilling the secured obligations.
Release may require:
Do not assume that the bond automatically ends merely because the contractor has finished physical work.
Its expiry and release depend on the written guarantee and contract.
These guarantees serve different purposes.
Guarantees performance of the contract.
Guarantees repayment or proper application of money advanced to the contractor before work or delivery.
If the employer pays an advance, it may require a guarantee equal to the advance amount.
A project can require both:
A contract may allow the contractor to replace retained funds with a Retention Bond.
The employer keeps part of each payment until completion or the end of the defects period.
The contractor receives the retained funds while the insurer or bank guarantees the corresponding obligation.
This can improve the contractor’s cash flow, subject to underwriting.
These are not substitutes.
Protects the employer against the contractor’s failure to perform.
Protects the construction project against specified accidental physical loss, damage and third-party liabilities.
A construction contract may require:
Each addresses a different risk.
Both can secure contractual obligations.
Issued by a licensed insurer after underwriting and indemnity arrangements.
Issued by a bank and may affect the contractor’s credit facilities or require cash collateral.
The better option depends on:
The tenderer must use a format and issuer accepted by the procuring entity.
Prepare:
Keep evidence of:
The insurer will consider all ongoing contracts and existing guarantees.
A bond does not finance the project.
The contractor must still fund:
Update:
Early application provides time to correct missing information and negotiate collateral.
Imana Insurance Agency Kenya Ltd helps contractors, suppliers, consultants and SMEs obtain quotations for Bid Bonds and Performance Bonds from suitable licensed insurers.
The process may include:
Other guarantees may include:
Imana does not award tenders or guarantee insurer approval. The procuring entity makes the procurement decision, while the insurer determines whether it can issue the requested guarantee.
Imana Insurance Agency Kenya Ltd
4th Floor, Krishna Centre
Woodvale Grove, Westlands
Nairobi, Kenya
Website: www.imana.co.ke
Call or WhatsApp: +254 796 209 402
Read the tender. Confirm the bond requirement. Apply early. Let Imana coordinate the insurance process.
A Bid Bond is a guarantee submitted with a tender to secure the bidder’s obligations during the procurement process.
Yes. The terms are often used interchangeably.
It is a guarantee provided by a successful bidder to secure proper performance of the awarded contract.
It is normally included with the tender before the closing deadline.
It is normally submitted after award and before contract signing or commencement, as directed by the tender.
For public procurement, the Act provides for Performance Security of not more than 10% of the contract amount, subject to applicable exemptions, regulations and tender requirements. (Kenya Law)
Yes. The procurement regulations recognise guarantees from licensed insurers listed by PPRA, subject to the tender conditions. (Kenya Law)
No. The insurer must offer the product, accept the applicant and satisfy the procuring entity’s requirements.
Not ordinarily. The applicant normally pays a premium and may provide collateral. The insurer guarantees the stated bond amount.
Potentially, yes. Guarantee bonds normally include indemnity obligations allowing the insurer to seek reimbursement from the contractor after paying a valid demand.
Yes, subject to insurer approval and payment of any additional premium.
Usually only after the beneficiary formally releases the guarantee or the bond expires according to its terms.
No. It only satisfies one tender requirement. The procuring entity evaluates the complete bid.
No. The insurer must assess the contract, financial capacity, experience and security.
Yes. Imana can coordinate applications through suitable licensed insurers, subject to underwriting approval.
Bid Bonds and Performance Bonds play different roles in procurement.
A Bid Bond:
A Performance Bond:
Before applying:
A bond can help you qualify for a tender, but it does not finance the project or excuse poor performance. Bid responsibly, price accurately and accept only contracts you can deliver.
Imana Insurance Agency Kenya Ltd
Call or WhatsApp: +254 796 209 402
Website: www.imana.co.ke
Secure the tender. Protect the contract. Deliver as promised.
Bond premiums, collateral, validity periods, underwriting requirements and guarantee wording vary by insurer, beneficiary and contract. Procurement rules and approved-provider lists may change. Applicants should review the current tender documents, PPRA requirements, insurer terms and legal obligations before submitting a bond.