Tender Agreement for Ireland

Tender Agreement Template for Ireland

A Tender Agreement under Irish law is a formal document that establishes the rules, procedures, and requirements for a competitive procurement process. It outlines the specific terms and conditions under which potential suppliers can submit bids for goods, services, or works, ensuring compliance with Irish and EU procurement legislation. The document includes detailed evaluation criteria, submission requirements, and contractual obligations, while incorporating necessary provisions to ensure transparency, fair competition, and value for money in accordance with Irish public procurement guidelines.

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What is a Tender Agreement?

The Tender Agreement is a crucial document in Irish procurement processes, used when organizations seek to obtain competitive bids for goods, services, or works through a structured procurement process. It serves as the primary document governing the relationship between the contracting authority and potential suppliers during the tender process. The agreement must comply with Irish law and, where applicable, EU procurement directives, particularly the European Union (Award of Public Authority Contracts) Regulations 2016. A well-drafted Tender Agreement is essential for ensuring transparency, equal treatment of bidders, and optimal commercial outcomes while minimizing legal risks and potential challenges to the procurement process.

What sections should be included in a Tender Agreement?

1. Parties: Identification of the contracting authority and the tenderer, including full legal names and addresses

2. Background: Context of the tender, including the purpose of the procurement and any relevant project background

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

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

5. Tender Process: Steps and timeline of the tender process, including submission requirements and deadlines

6. Evaluation Criteria: Detailed criteria and methodology for evaluating tender submissions

7. Tenderer's Obligations: Requirements and commitments expected from the tenderer during the process

8. Contracting Authority's Rights: Rights reserved by the contracting authority, including right to modify or cancel the tender

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

10. Intellectual Property: Ownership and rights regarding intellectual property in tender submissions

11. Compliance Requirements: Regulatory and legal compliance requirements, including tax clearance and insurance

12. Communication Protocol: Rules for communications during the tender process, including queries and clarifications

13. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction for disputes

What sections are optional to include in a Tender Agreement?

1. Site Visits: Procedures for site visits if relevant to the tender (used for construction or facility-based services)

2. Consortium Provisions: Special provisions for consortium bidders (used when consortium bids are permitted)

3. Alternative Proposals: Rules for submitting alternative solutions (used when variations are acceptable)

4. TUPE Implications: Transfer of undertakings provisions (used when existing staff may transfer to new provider)

5. Environmental Requirements: Specific environmental criteria and requirements (used for environmentally sensitive projects)

6. Social Value Conditions: Community benefit requirements (used when social value is a key consideration)

7. Security Requirements: Special security provisions (used for sensitive or high-security projects)

What schedules should be included in a Tender Agreement?

1. Schedule 1 - Specification: Detailed technical specifications of the goods, services, or works required

2. Schedule 2 - Pricing Schedule: Template for submission of pricing information and cost breakdown

3. Schedule 3 - Form of Tender: Standard form for the formal tender submission

4. Schedule 4 - Evaluation Matrix: Detailed scoring methodology and weightings

5. Schedule 5 - Contract Terms: Draft contract terms that will apply if the tender is successful

6. Schedule 6 - Required Certificates: Templates for required certificates and declarations

7. Schedule 7 - Response Requirements: Structured format for tender responses

8. Appendix A - Timeline: Detailed procurement timeline with key dates and deadlines

9. Appendix B - Question Template: Standard format for submitting clarification questions

10. Appendix C - Reference Requirements: Format and requirements for providing references

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

Jurisdiction

Ireland

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Public Sector

Construction

Healthcare

Information Technology

Professional Services

Infrastructure

Energy

Telecommunications

Transportation

Education

Environmental Services

Facilities Management

Defense

Research and Development

Relevant Teams

Procurement

Legal

Compliance

Finance

Operations

Commercial

Supply Chain

Risk Management

Project Management

Technical Services

Relevant Roles

Procurement Manager

Procurement Director

Commercial Director

Contract Manager

Legal Counsel

Compliance Officer

Project Manager

Bid Manager

Tender Coordinator

Chief Financial Officer

Operations Director

Supply Chain Manager

Risk Manager

Technical Director

Category 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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