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Tender Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Tender Agreement

"I need a Tender Agreement for a Hong Kong construction project valued at approximately HKD 50 million, with specific provisions for environmental compliance and local subcontractor participation, to be issued by March 2025."

Document background
The Tender Agreement serves as a crucial document in Hong Kong's commercial landscape, used when organizations seek to procure goods, services, or works through a competitive bidding process. This document type is essential for ensuring fair competition, transparency, and compliance with Hong Kong's legal requirements, including the Competition Ordinance and Prevention of Bribery Ordinance. The Tender Agreement typically includes comprehensive details about the tender scope, submission requirements, evaluation criteria, and conditions for participation. It's particularly important in both public and private sector procurement, where formal processes are required to demonstrate fairness and obtain the best value. The document helps organizations manage risk, ensure compliance, and create a level playing field for all potential bidders while establishing clear guidelines for the entire tender process.
Suggested Sections

1. Parties: Identifies and defines the tender issuer/principal and the tenderer/contractor

2. Background: Sets out the context of the tender and the principal's requirements

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Scope of Tender: Detailed description of the goods, services, or works being tendered for

5. Tender Submission Requirements: Specifies the format, content, and documentation required for tender submissions

6. Tender Process: Outlines the timeline, stages, and procedures of the tender process

7. Evaluation Criteria: Details the criteria and methodology for evaluating tender submissions

8. Pricing and Payment Terms: Requirements for pricing submissions and payment structures

9. Confidentiality: Obligations regarding confidential information shared during the tender process

10. Intellectual Property: Rights and obligations regarding IP in tender submissions and related materials

11. Legal Compliance: Requirements for compliance with relevant laws and regulations

12. Warranties and Representations: Standard warranties from tenderers regarding their submissions and capabilities

13. Termination: Circumstances under which the tender process may be terminated

14. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution

Optional Sections

1. Site Inspection Requirements: Required for construction or site-specific tenders where physical inspection is necessary

2. Performance Bond: Include when security for performance is required from the successful tenderer

3. Insurance Requirements: Detailed insurance requirements for high-risk or high-value projects

4. Parent Company Guarantee: Required when seeking additional financial security from tenderer's parent company

5. Anti-Collusion Provisions: Enhanced provisions for tenders in industries with high risk of bid rigging

6. Environmental Requirements: Specific environmental compliance requirements for relevant projects

7. Local Content Requirements: Requirements for local content or participation where applicable

8. Consortium Provisions: Rules and requirements when consortium bids are permitted

Suggested Schedules

1. Schedule 1 - Tender Submission Form: Standard form for tender submission including key information and declarations

2. Schedule 2 - Scope of Works/Services: Detailed technical specifications of the required works or services

3. Schedule 3 - Pricing Schedule: Template for submission of pricing information and cost breakdowns

4. Schedule 4 - Timeline and Deliverables: Detailed project timeline and key deliverables

5. Schedule 5 - Compliance Checklist: Checklist of mandatory requirements and submissions

6. Schedule 6 - Form of Contract: Draft contract to be entered into by successful tenderer

7. Appendix A - Technical Requirements: Detailed technical specifications and requirements

8. Appendix B - Required Certifications: List of required certifications and proof of qualifications

9. Appendix C - Site Information: Relevant site information, plans, and drawings where applicable

10. Appendix D - Reference Project Requirements: Format for submission of reference projects and experience

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



























































Clauses







































Relevant Industries

Construction

Infrastructure

Information Technology

Healthcare

Transportation

Energy

Telecommunications

Professional Services

Manufacturing

Education

Government and Public Sector

Real Estate Development

Environmental Services

Defense and Security

Financial Services

Relevant Teams

Legal

Procurement

Finance

Commercial

Operations

Risk and Compliance

Project Management

Technical

Supply Chain

Business Development

Quality Assurance

Executive Leadership

Relevant Roles

Procurement Manager

Legal Counsel

Contract Manager

Project Director

Chief Financial Officer

Commercial Director

Bid Manager

Technical Director

Compliance Officer

Risk Manager

Operations Director

Supply Chain Manager

Chief Executive Officer

Tender Coordinator

Business Development Manager

Quality Assurance Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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