Tender Agreement for Malaysia

Tender Agreement Template for Malaysia

A comprehensive legal document governed by Malaysian law that outlines the terms, conditions, and procedures for participating in a formal tender process. This agreement establishes the framework for procurement activities, including submission requirements, evaluation criteria, and compliance obligations under Malaysian procurement regulations. It incorporates local content requirements where applicable and ensures adherence to Malaysian government procurement guidelines, anti-corruption laws, and specific industry regulations.

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What is a Tender Agreement?

The Tender Agreement serves as a crucial document in Malaysian procurement processes, establishing the legal framework for competitive bidding and procurement activities. This document is essential when organizations need to formally invite and evaluate proposals for goods, services, or works while ensuring compliance with Malaysian procurement laws and regulations. The agreement typically includes detailed specifications, evaluation criteria, submission requirements, and terms of participation. As a Tender Agreement under Malaysian jurisdiction, it must align with various regulatory requirements including the Government Contracts Act 1949, Malaysian Anti-Corruption Commission Act 2009, and relevant Treasury Instructions. It's particularly important for ensuring transparency, fair competition, and value for money in both public and private sector procurement.

What sections should be included in a Tender Agreement?

1. Parties: Identification of the tender issuer (procuring entity) and the tenderer, including full legal names and registration details

2. Background: Context of the tender, including the project overview and purpose of the procurement

3. Definitions: Detailed definitions of terms used throughout the agreement

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

5. Tender Submission Requirements: Requirements for tender submission, including format, deadline, and mandatory documents

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

7. Pricing and Payment Terms: Requirements for pricing submission, payment schedule, and financial terms

8. Timeline and Deadlines: Key dates including submission deadline, evaluation period, and award notification

9. Tender Validity Period: Period during which the tender submission remains valid and binding

10. Compliance Requirements: Legal and regulatory compliance requirements, including licenses and permits

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

12. Anti-Corruption and Ethics: Anti-corruption declarations and ethical requirements for participants

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

14. Amendment and Withdrawal: Procedures for amending or withdrawing tender submissions

What sections are optional to include in a Tender Agreement?

1. Site Visit Requirements: Used when physical inspection of site or facilities is necessary for tender preparation

2. Joint Venture Provisions: Include when joint ventures or consortiums are permitted to participate

3. Local Content Requirements: Include when there are specific requirements for local content or bumiputera participation

4. Performance Bond: Include when a performance bond or other security is required

5. Environmental Requirements: Include for projects with significant environmental impact considerations

6. Intellectual Property Rights: Include when the tender involves creation or use of intellectual property

7. Alternative Proposals: Include when alternative technical or commercial proposals are permitted

8. Pre-Qualification Requirements: Include when there is a pre-qualification phase in the tender process

What schedules should be included in a Tender Agreement?

1. Schedule A - Technical Specifications: Detailed technical requirements and specifications for the goods, services, or works

2. Schedule B - Pricing Schedule: Template for submission of detailed pricing breakdown

3. Schedule C - Evaluation Criteria Matrix: Detailed scoring matrix and evaluation methodology

4. Schedule D - Required Forms: Standard forms for submissions including company information, declarations, and compliance statements

5. Schedule E - Draft Contract: Draft of the contract to be entered into with the successful tenderer

6. Schedule F - Timeline and Deliverables: Detailed project timeline and deliverable requirements

7. Appendix 1 - Site Information: Relevant site information, maps, and existing condition reports where applicable

8. Appendix 2 - Compliance Certificates: Templates for required compliance certificates and declarations

9. Appendix 3 - Reference Project Requirements: Format for submission of reference projects and experience

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

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Construction

Infrastructure

Information Technology

Healthcare

Energy

Transportation

Manufacturing

Defense

Education

Telecommunications

Public Works

Utilities

Professional Services

Oil and Gas

Relevant Teams

Legal

Procurement

Finance

Operations

Commercial

Compliance

Technical

Risk Management

Supply Chain

Project Management

Government Relations

Relevant Roles

Procurement Manager

Legal Counsel

Contract Manager

Tender Committee Chairman

Project Director

Commercial Director

Compliance Officer

Chief Financial Officer

Technical Director

Bid Manager

Supply Chain Manager

Risk Manager

Operations Director

Government Relations 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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