Tender Agreement for Nigeria

Tender Agreement Template for Nigeria

A comprehensive legal document governed by Nigerian law that establishes the framework for a competitive bidding process. The agreement outlines the requirements, procedures, and conditions for submitting and evaluating tenders for goods, works, or services in compliance with the Public Procurement Act 2007 and related regulations. It includes detailed specifications, evaluation criteria, submission requirements, and terms that ensure transparency, fairness, and value for money in public procurement processes while incorporating local content requirements and anti-corruption measures specific to the Nigerian context.

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What is a Tender Agreement?

The Tender Agreement serves as a critical document in Nigerian public procurement processes, establishing the legal and procedural framework for competitive bidding. It is used when government entities, public institutions, or statutory bodies seek to procure goods, works, or services through a transparent and competitive process. The agreement must comply with the Public Procurement Act 2007 and other relevant Nigerian legislation, incorporating specific requirements for local content, anti-corruption measures, and fair competition. A properly structured Tender Agreement includes technical specifications, evaluation criteria, submission requirements, and necessary compliance measures, ensuring that both the procuring entity and potential bidders understand their rights, obligations, and the parameters of the tender process. This document is particularly important in ensuring transparency, accountability, and value for money in public spending while promoting fair competition and local industry development.

What sections should be included in a Tender Agreement?

1. Parties: Identification of the procuring entity and the tenderer/bidder

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

3. Definitions: Key terms used throughout the agreement

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

5. Tender Requirements: Technical, financial, and administrative requirements for valid tender submission

6. Submission Process: Procedures, deadlines, and format for tender submission

7. Evaluation Criteria: Detailed criteria and methodology for evaluating tenders

8. Price and Payment Terms: Pricing requirements, currency, and payment conditions

9. Compliance Requirements: Legal and regulatory compliance obligations, including local content requirements

10. Confidentiality: Provisions regarding confidential information handling

11. Anti-corruption Provisions: Compliance with anti-corruption laws and ethical requirements

12. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction details

What sections are optional to include in a Tender Agreement?

1. Pre-qualification Requirements: Used when the tender requires a pre-qualification phase

2. Site Visit Requirements: Included for construction or installation projects requiring site inspection

3. Local Content Provisions: Detailed section when specific local content requirements apply

4. Joint Venture Requirements: Included when joint ventures are permitted to bid

5. Alternative Proposals: Section included when alternative technical solutions are acceptable

6. Performance Security: Used when security bonds or guarantees are required

7. Insurance Requirements: Detailed insurance requirements for high-risk projects

8. Environmental Compliance: Required for projects with environmental impact

What schedules should be included in a Tender Agreement?

1. Schedule 1 - Technical Specifications: Detailed technical requirements and specifications

2. Schedule 2 - Pricing Schedule: Format for price breakdown and cost components

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

4. Schedule 4 - Qualification Information: Templates for submitting qualification documentation

5. Schedule 5 - Performance Requirements: Detailed performance metrics and standards

6. Appendix A - Required Certificates: List of required regulatory and compliance certificates

7. Appendix B - Standard Forms: Collection of standard forms including bid security, performance security

8. Appendix C - Contract Draft: Draft of the contract to be signed upon tender award

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

Nigeria

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Oil and Gas

Infrastructure Development

Construction

Healthcare

Education

Transportation

Information Technology

Power and Energy

Telecommunications

Mining

Agriculture

Public Services

Manufacturing

Defense

Relevant Teams

Legal

Procurement

Commercial

Operations

Finance

Compliance

Risk Management

Technical Services

Project Management

Business Development

Supply Chain

Public Relations

Government Relations

Relevant Roles

Procurement Manager

Contract Manager

Legal Counsel

Project Manager

Bid Manager

Compliance Officer

Technical Director

Commercial Manager

Chief Financial Officer

Supply Chain Manager

Operations Director

Public Sector Administrator

Tender Coordinator

Risk Manager

Business Development 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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