Have you won the tender? Good, now you must legally subscribe to the definitive surety, which is the guarantee that the winning bidder of the tender must present to ensure the completion of the works and the obligations stipulated in the procurement contract.
With the definitive guarantee, the public entity protects itself in case the company fails to meet the announced burdens, in which case, the credit institution must do so within 15 days from when it is notified in writing by the entity.
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We provide online Insurance Guarantees to companies throughout the entire national territory, including islands.
Contact us directly online to receive a real-time response, or call one of our nearest offices: Tel. +39 055 49.32.199 – Tel. +39 02 667.124.17
Email: info@italiafideiussioni.it
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How long does the definitive guarantee last?
The definitive guarantee begins from the date of signing the procurement contract and lasts until the completion of the works, once the necessary certificates are presented. . The effectiveness of the guarantee ends in any case 12 months after the completion of the works.
How much does the definitive guarantee cost?
The amount of the Guarantee is established based on 10% of the net amount of the works after any auction discount. Usually, the cost is 0.50% but can go up to 2% per year, much depends on the topology.
What are the necessary documents to obtain the Definitive Guarantee?
Here are the documents to present:
- Award letter
- Procurement contract
We have established collaborations with leading Italian and foreign Insurance Companies and provide online, definitive, and advance procurement Insurance Guarantees for every need, even the most complex:
for TRENITALIA, Grandi Stazioni, CONSIP, TERNA, ANAS tenders in EU countries, for Project financing, and stand-alone guarantee contracts.
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Advance Payment Guarantees for Procurements
These guarantees or sureties, aimed at recovering the advance on the contractual price, allow the contracting company to collect a part of the payment, 20% and in some cases even 30%, which can be used, for example, for the purchase of raw materials necessary for the start of the works.
Public Works Advance: Guide to Calculating the Contractual Advance in the New Procurement Code
The advance on public works represents a crucial and widely debated topic in the construction and public procurement sector. This procedure, regulated by the procurement code, is essential to guarantee the necessary liquidity for contracting companies to start the works. But what exactly does it involve and what are the novelties introduced by Legislative Decree 36/2023?
What is the Advance on Public Works?
The advance on public works is configured as an advance payment, equal to 20% of the value of the procurement contract, which the contracting authority disburses to the contractor. his payment must occur within 15 days from the start of the performance, providing the company with immediately available financial resources to proceed with the start of the works. The mechanism is designed to support companies in the initial phase of the works, thus contributing to the timely start of the public work and to the fulfillment of contractual commitments.
The Changes Made by Legislative Decree. 36/2023 36/2023
The novelties introduced with article 125 of Legislative Decree 36/2023 36/2023 maintain the principle of the advance but provide an updated legal framework that regulates its disbursement and management. The goal is to make the process more transparent and ensure the financial fluidity of companies without compromising the protection of public interests.
20% Advance and Surety Guarantee
To obtain the advance, it is necessary for the contractor to provide a bank or insurance surety guarantee, whose amount is equal to the advance plus the legal interest rate for the period necessary for the recovery of the advance. This guarantee serves to protect the contracting authority in case the contractor does not proceed with the execution of the works within the established times.
Progressive Reduction of the Guarantee
An important aspect to highlight is that the amount of the surety guarantee must be reduced gradually, based on the recovery of the advance made by the contractor. This mechanism incentivizes the progress of the works and the correct management of financial resources.
Payments and Reimbursement Conditions
Legislative Decree 36/2023 36/2023 also specifies the payment methods of the installments, stating that these must occur within 30 days from the validation of each stage of work progress, unless different contractual agreements are made. Moreover, if the contractor does not respect the execution times attributable to him, he must return the received advance, on which the legal interests will be calculated from the date of disbursement.
Clarity on the Contractual Advance and Guarantee in Procurement Contracts
At the start of work on a procurement contract, the contractor is entitled to receive an advance equal to 20% of the total value of the contract. This sum must be paid within 15 days from the actual start of the works.
To obtain the advance, it is necessary for the contractor to provide a guarantee, which can be insurance or banking. This guarantee must cover the amount of the advance plus the interests, calculated at the legal rate for the time necessary to recover the advance, following the work schedule.
Delimitation and Release of the Guarantee
The validity of the guarantee begins from the moment the advance is granted. During the advancement of the works, the amount of the guarantee is gradually reduced, reflecting the recovery of the advance by the contracting authority, based on the stages of work progress. The guarantee loses all effect with the issuance of the work completion certificate.
Contents of the Guarantee
The guarantee policy ensures that, in case of contract termination to the detriment of the contractor due to delays attributable to the same, the latter must return the advanced sums, in whole or in part. The legal interests accumulated from the moment of the disbursement of the advance must be calculated on the returned sums.
This procedure guarantees that the financial resources advanced are used correctly for the advancement of the works and provides protection for both the contracting authority and the contractor, ensuring compliance with contractual times and the correct management of funds.
Other surety policies for Procurements
- Surety for public procurements
- Provisional surety for tender competitions
- Sureties for complex procurements: TRENITALIA, Enel, CONSIP
- Surety for balance payment
- Surety for unblocking withholding guarantees
- CAR Insurance Policy for Procurements
Do you need a Surety for procurements?
Have other questions?
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