Tender Agency Agreement Template for Indonesia

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Key Requirements PROMPT example:

Tender Agency Agreement

"I need a Tender Agency Agreement under Indonesian law for appointing an exclusive agent to handle government infrastructure tenders in Jakarta, with specific provisions for local content requirements and a success fee structure based on tender wins."

Document background
The Tender Agency Agreement is essential for companies seeking to participate in tenders in Indonesia through appointed representatives. This document type is commonly used when a company needs local representation or specialized expertise for tender participation, particularly in regulated sectors or government procurement. The agreement must comply with Indonesian civil law, procurement regulations, and anti-corruption legislation, making it particularly important for foreign companies or those without direct tender capabilities. The document includes comprehensive provisions on authority, compliance, and risk allocation, reflecting the complex regulatory environment for tender processes in Indonesia. A properly structured Tender Agency Agreement is crucial for ensuring valid tender participation while managing legal and commercial risks under Indonesian law.
Suggested Sections

1. Parties: Identification of the Principal and the Tender Agent, including their full legal names, registration details, and addresses

2. Background: Context of the agreement, including the Principal's intention to participate in tenders and appointment of the Agent

3. Definitions: Key terms used throughout the agreement, including specific tender-related terminology

4. Appointment and Scope: Formal appointment of the Agent and detailed scope of authority in relation to tender processes

5. Agent's Authority: Specific powers granted to the Agent, including limitations and restrictions

6. Agent's Obligations: Detailed responsibilities including tender preparation, submission, negotiation, and reporting requirements

7. Principal's Obligations: Responsibilities of the Principal including provision of information, documentation, and support

8. Fees and Payment Terms: Compensation structure, success fees, expenses, and payment procedures

9. Compliance Requirements: Obligations regarding anti-corruption laws, procurement regulations, and ethical standards

10. Confidentiality: Protection of confidential information and tender-related documents

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Liability and Indemnification: Allocation of risks and responsibilities between parties

13. Governing Law and Dispute Resolution: Application of Indonesian law and dispute resolution mechanisms

14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Exclusivity: Terms regarding exclusive appointment of the Agent for specific tenders or regions, used when exclusivity is agreed

2. Performance Targets: Specific KPIs or targets for the Agent, included when performance-based compensation is involved

3. Insurance Requirements: Specific insurance obligations, included for high-value or high-risk tenders

4. Local Content Requirements: Provisions addressing Indonesian local content requirements, included for relevant industry sectors

5. Sub-agents: Terms governing the appointment of sub-agents, included when sub-agents are permitted

6. Intellectual Property: IP provisions, included when tender involves technical proposals or proprietary information

7. Force Majeure: Provisions for unforeseen circumstances, included for longer-term arrangements

8. Anti-Money Laundering: Additional compliance provisions, included for financial sector or high-value tenders

Suggested Schedules

1. Schedule 1 - Agent's Scope of Authority: Detailed list of specific powers and authorities granted to the Agent

2. Schedule 2 - Fee Structure: Detailed breakdown of fees, commission rates, and payment calculations

3. Schedule 3 - Tender Processes: List of specific tenders covered or targeted under the agreement

4. Schedule 4 - Required Documentation: List of documents and certificates required for tender participation

5. Schedule 5 - Compliance Procedures: Detailed compliance protocols and checklists

6. Appendix A - Power of Attorney: Standard form of power of attorney for tender submissions

7. Appendix B - Reporting Templates: Standard forms for progress reports and tender status updates

8. Appendix C - Key Personnel: List of key personnel from both parties involved in the tender process

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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 and Infrastructure

Oil and Gas

Mining and Resources

Government Services

Healthcare and Medical Equipment

Information Technology

Telecommunications

Defense and Security

Transportation and Logistics

Energy and Utilities

Manufacturing

Professional Services

Relevant Teams

Legal

Procurement

Business Development

Compliance

Commercial

Operations

Finance

Risk Management

Project Management

Sales

Contract Administration

Relevant Roles

Procurement Manager

Business Development Director

Legal Counsel

Compliance Officer

Tender Manager

Commercial Director

Contract Administrator

Project Manager

Country Manager

Operations Director

Sales Director

Risk Manager

Chief Financial Officer

Managing Director

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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