The Tender Agreement serves as the foundational document for public procurement processes in Switzerland, used when government entities or public institutions seek to purchase goods, services, or works through a competitive bidding process. It is specifically designed to comply with Swiss procurement law, including the Federal Act on Public Procurement and cantonal regulations. The document outlines the entire tender process, from submission requirements to evaluation criteria, and incorporates necessary safeguards to ensure transparency and fair competition. The Tender Agreement is particularly crucial for procurements above certain thresholds, where stricter regulations apply, and must align with both domestic requirements and Switzerland's international obligations under trade agreements.
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1. Parties: Identification of the contracting authority and scope of potential tenderers
2. Background: Context of the tender, including project overview and procurement objectives
3. Definitions: Key terms used throughout the tender documents
4. Scope of Tender: Detailed description of the goods, services, or works being procured
5. Tender Process: Step-by-step procedure of the tender, including timelines and submission requirements
6. Eligibility Criteria: Minimum qualifications and requirements for tenderers
7. Evaluation Criteria: Detailed explanation of how tenders will be assessed and scored
8. Submission Requirements: Format, content, and deadline requirements for tender submissions
9. Communication Protocols: Rules for questions, clarifications, and communications during the tender process
10. Confidentiality Obligations: Requirements regarding confidential information handling
11. Legal Compliance: Requirements for compliance with Swiss law and relevant regulations
12. Terms and Conditions: General contractual terms that will apply to the successful tenderer
13. Rights of the Contracting Authority: Powers reserved by the authority, including right to modify or cancel the tender
14. Dispute Resolution: Procedures for handling disputes during the tender process
1. International Procurement Provisions: Required when the tender value exceeds international thresholds under GPA
2. Construction-Specific Requirements: Include when the tender involves construction works, incorporating SIA norms
3. Sustainability Criteria: Environmental and social requirements, when sustainability is a factor in evaluation
4. Innovation Partnership Provisions: Include when the tender involves development of innovative solutions
5. Subcontracting Requirements: Include when subcontracting is permitted or restricted
6. Insurance Requirements: Specific insurance provisions based on the nature of the procurement
7. Security Requirements: Include when bid security or performance bonds are required
8. Local Content Requirements: Include when there are specific local content or SME participation requirements
1. Technical Specifications: Detailed technical requirements and specifications for the goods, services, or works
2. Pricing Schedule: Template for submission of pricing information and cost breakdown
3. Form of Tender: Standard form for the tender submission
4. Qualification Forms: Templates for submitting qualification information and experience
5. Draft Contract: Proposed contract terms for the successful tenderer
6. Timeline Schedule: Detailed procurement timeline and key milestones
7. Declaration Forms: Templates for various required declarations (e.g., no conflict of interest, compliance)
8. Evaluation Matrix: Detailed scoring criteria and weightings
9. Site Information: Relevant site details and conditions (for construction/works tenders)
10. Performance Specifications: Detailed performance requirements and standards
Relevant legal definitions
Tender
Contracting Authority
Tenderer
Bid
Tender Documents
Form of Tender
Tender Process
Evaluation Criteria
Award Criteria
Technical Specifications
Submission Deadline
Confidential Information
Contract
Procurement
Applicable Law
Working Day
Business Day
Schedule
Appendix
Qualified Bidder
Successful Tenderer
Consortium
Lead Member
Subcontractor
Letter of Award
Tender Security
Performance Security
Procurement Portal
Clarification
Addendum
Conflict of Interest
Force Majeure
Intellectual Property Rights
Material Adverse Change
Tender Validity Period
Tender Box
Electronic Submission System
Evaluation Committee
Quality Assurance
Technical Requirements
Commercial Requirements
Compliance Requirements
Selection Criteria
Tender Price
Contract Price
Completion Date
Commencement Date
Defect Liability Period
Warranty Period
Site
Works
Services
Goods
Deliverables
Quality Standards
Performance Standards
Progress Reports
Milestone
Payment Schedule
Dispute Resolution
Governing Law
Jurisdiction
Contracting Authority
Tenderer
Bid
Tender Documents
Form of Tender
Tender Process
Evaluation Criteria
Award Criteria
Technical Specifications
Submission Deadline
Confidential Information
Contract
Procurement
Applicable Law
Working Day
Business Day
Schedule
Appendix
Qualified Bidder
Successful Tenderer
Consortium
Lead Member
Subcontractor
Letter of Award
Tender Security
Performance Security
Procurement Portal
Clarification
Addendum
Conflict of Interest
Force Majeure
Intellectual Property Rights
Material Adverse Change
Tender Validity Period
Tender Box
Electronic Submission System
Evaluation Committee
Quality Assurance
Technical Requirements
Commercial Requirements
Compliance Requirements
Selection Criteria
Tender Price
Contract Price
Completion Date
Commencement Date
Defect Liability Period
Warranty Period
Site
Works
Services
Goods
Deliverables
Quality Standards
Performance Standards
Progress Reports
Milestone
Payment Schedule
Dispute Resolution
Governing Law
Jurisdiction
Clauses
Interpretation
Tender Submission Requirements
Eligibility Requirements
Technical Requirements
Financial Requirements
Evaluation Process
Award Criteria
Tender Security
Performance Security
Confidentiality
Intellectual Property
Anti-Corruption
Compliance
Communication Protocols
Amendment Rights
Withdrawal Rights
Conflict of Interest
Due Diligence
Timeline Requirements
Quality Standards
Health and Safety
Environmental Requirements
Insurance Requirements
Liability
Force Majeure
Dispute Resolution
Governing Law
Language Requirements
Documentation Requirements
Pricing Requirements
Payment Terms
Consortium Requirements
Subcontracting
Modification Rights
Termination Rights
Appeals Process
Clarification Process
Site Access
Data Protection
Record Keeping
Reporting Requirements
Notice Requirements
Warranty Requirements
Assignment
Severability
Tender Submission Requirements
Eligibility Requirements
Technical Requirements
Financial Requirements
Evaluation Process
Award Criteria
Tender Security
Performance Security
Confidentiality
Intellectual Property
Anti-Corruption
Compliance
Communication Protocols
Amendment Rights
Withdrawal Rights
Conflict of Interest
Due Diligence
Timeline Requirements
Quality Standards
Health and Safety
Environmental Requirements
Insurance Requirements
Liability
Force Majeure
Dispute Resolution
Governing Law
Language Requirements
Documentation Requirements
Pricing Requirements
Payment Terms
Consortium Requirements
Subcontracting
Modification Rights
Termination Rights
Appeals Process
Clarification Process
Site Access
Data Protection
Record Keeping
Reporting Requirements
Notice Requirements
Warranty Requirements
Assignment
Severability
Relevant Industries
Public Infrastructure
Construction
Information Technology
Healthcare
Transportation
Energy
Defense
Environmental Services
Public Utilities
Professional Services
Education
Telecommunications
Waste Management
Urban Development
Research and Development
Relevant Teams
Legal
Procurement
Commercial
Finance
Operations
Compliance
Risk Management
Project Management
Technical Services
Business Development
Public Relations
Quality Assurance
Relevant Roles
Procurement Manager
Legal Counsel
Contract Manager
Project Manager
Tender Specialist
Compliance Officer
Technical Director
Financial Controller
Bid Manager
Commercial Director
Public Sector Relations Manager
Risk Manager
Quality Assurance Manager
Operations Director
Chief Financial Officer
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