Tender Agency Agreement for Malaysia

Tender Agency Agreement Template for Malaysia

This document establishes a formal agency relationship under Malaysian law between a principal company and a tender agent, authorizing the agent to represent the principal in various tender processes. The agreement comprehensively outlines the scope of authority, responsibilities, commission structure, and compliance requirements in accordance with Malaysian legislation, including the Contracts Act 1950 and relevant procurement laws. It includes provisions for tender submission procedures, confidentiality obligations, anti-corruption measures, and specific requirements for government and private sector tenders in Malaysia.

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What is a Tender Agency Agreement?

The Tender Agency Agreement is essential for companies seeking to participate in tender processes in Malaysia through professional representatives. This document type is commonly used when a company requires specialized expertise in navigating complex tender procedures, particularly in regulated industries or government procurement. The agreement must comply with Malaysian legal requirements, including the Contracts Act 1950, Government Contracts Act 1949, and anti-corruption legislation. It typically includes detailed provisions on the agent's authority, commission structures, compliance procedures, and reporting requirements. The document is crucial for establishing clear parameters of the agency relationship, protecting both parties' interests, and ensuring transparency in tender participation.

What sections should be included in a Tender Agency Agreement?

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

2. Background: Context of the agreement, including the Principal's business nature and need for tender agency services

3. Definitions: Definitions of key terms used throughout the agreement, including 'Tender', 'Tender Documents', 'Services', 'Commission', etc.

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

5. Term and Termination: Duration of the agreement and circumstances under which it may be terminated

6. Agent's Duties and Responsibilities: Comprehensive list of the agent's obligations in managing tender processes

7. Principal's Obligations: Principal's responsibilities including providing necessary information and support

8. Commission Structure: Details of agency fees, commission rates, and payment terms

9. Confidentiality: Obligations regarding confidential information and tender documents

10. Compliance and Anti-Corruption: Compliance requirements with relevant laws and anti-corruption measures

11. Limitation of Liability: Extent and limitations of the agent's liability

12. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

What sections are optional to include in a Tender Agency Agreement?

1. Exclusivity: Terms regarding exclusive agency rights for specific tenders or territories

2. Performance Targets: Specific KPIs or performance metrics, if required

3. Sub-Agents: Terms governing the appointment and management of sub-agents

4. Insurance: Requirements for professional indemnity and other relevant insurance

5. Force Majeure: Provisions for unforeseen circumstances affecting tender processes

6. Data Protection: Specific provisions for handling personal data in tender processes

7. Training and Support: Terms regarding training and support provided by the Principal

8. Post-Termination Obligations: Obligations that survive the termination of the agreement

What schedules should be included in a Tender Agency Agreement?

1. Schedule 1 - Services Description: Detailed description of tender agency services to be provided

2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms

3. Schedule 3 - Territory: Definition of geographical areas or market sectors covered by the agreement

4. Schedule 4 - Reporting Requirements: Templates and requirements for regular reporting on tender activities

5. Schedule 5 - Compliance Procedures: Detailed procedures for ensuring compliance with tender regulations

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

7. Appendix B - Standard Operating Procedures: Detailed procedures for tender preparation and submission

8. Appendix C - Required Documents: List of standard documents required for tender submissions

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

Malaysia

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Construction

Infrastructure

Oil and Gas

Healthcare

Information Technology

Defense

Telecommunications

Public Works

Energy

Transportation

Education

Manufacturing

Relevant Teams

Legal

Procurement

Commercial

Business Development

Operations

Finance

Compliance

Sales

Project Management

Risk Management

Relevant Roles

Procurement Manager

Commercial Director

Legal Counsel

Tender Manager

Business Development Manager

Contract Administrator

Compliance Officer

Chief Financial Officer

Operations Director

Project Manager

Bid Manager

Sales Director

General Manager

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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