Tender Agreement for New Zealand

Tender Agreement Template for New Zealand

A Tender Agreement is a formal document used in New Zealand that establishes the rules, procedures, and requirements for participating in a competitive tender process. It outlines the responsibilities of both the entity issuing the tender and potential bidders, ensuring compliance with New Zealand's Government Procurement Rules and relevant legislation. The agreement includes detailed specifications, evaluation criteria, submission requirements, and terms that will govern the tender process, while incorporating specific provisions required under New Zealand law for fair, transparent, and competitive procurement.

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What is a Tender Agreement?

The Tender Agreement serves as a critical document in New Zealand's procurement landscape, used when an organization seeks to obtain competitive bids for goods, services, or works through a formal tender process. This document type is essential for ensuring compliance with New Zealand's Government Procurement Rules, particularly for public sector entities, and establishes a clear framework for fair and transparent competition. The Tender Agreement includes comprehensive details about the procurement requirements, evaluation methodology, submission procedures, and legal obligations of all parties involved. It is particularly important for high-value or complex procurement activities where formal processes are required, and must align with New Zealand's commercial law framework, including the Contract and Commercial Law Act 2017 and Commerce Act 1986.

What sections should be included in a Tender Agreement?

1. Parties: Identification of the entity issuing the tender and the tenderer

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

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

4. Tender Process: Detailed description of the tender submission and evaluation process

5. Tenderer's Obligations: Requirements for tender preparation, submission, and compliance

6. Tender Evaluation: Evaluation criteria and methodology for assessing tenders

7. Confidentiality: Obligations regarding confidential information and intellectual property

8. Communication and Clarification: Protocols for questions, clarifications, and communications during the tender process

9. Warranties and Representations: Tenderer's warranties regarding information accuracy and capacity

10. Liability and Indemnity: Allocation of risks and responsibilities between parties

11. General Provisions: Standard contractual terms including governing law, notices, and amendments

What sections are optional to include in a Tender Agreement?

1. Site Inspection Requirements: Required for tenders involving physical locations or facilities that need inspection

2. Indigenous Participation: Requirements for Māori participation and Treaty of Waitangi considerations in public sector tenders

3. Security Requirements: For tenders requiring submission of bid bonds or security deposits

4. Intellectual Property Rights: Detailed IP provisions for tenders involving technology or creative works

5. Consortium Arrangements: Requirements for joint ventures or consortium bids

6. Environmental Requirements: Sustainability and environmental compliance requirements for relevant projects

7. Local Content Requirements: Requirements for local content or local industry participation

8. Conflict of Interest: Detailed provisions for identifying and managing conflicts of interest

What schedules should be included in a Tender Agreement?

1. Schedule 1 - Tender Requirements: Detailed specifications, scope of work, and technical requirements

2. Schedule 2 - Pricing Schedule: Required format for price submission and cost breakdown

3. Schedule 3 - Timeline: Key dates and milestones for the tender process

4. Schedule 4 - Evaluation Criteria: Detailed evaluation methodology and scoring system

5. Schedule 5 - Response Forms: Standard forms and templates for tender submission

6. Schedule 6 - Draft Contract: Proposed contract terms for successful tenderer

7. Appendix A - Tenderer's Statement of Compliance: Declaration of compliance with tender requirements

8. Appendix B - Due Diligence Checklist: Required documentation and compliance checks

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

New Zealand

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Construction and Infrastructure

Government and Public Sector

Information Technology

Professional Services

Manufacturing

Energy and Utilities

Healthcare

Education

Transport and Logistics

Environmental Services

Defence and Security

Telecommunications

Relevant Teams

Procurement

Legal

Commercial

Operations

Finance

Risk and Compliance

Project Management Office

Supply Chain

Technical Services

Business Development

Relevant Roles

Procurement Manager

Commercial Director

Contract Manager

Legal Counsel

Project Manager

Tender Coordinator

Chief Financial Officer

Operations Director

Compliance Officer

Risk Manager

Category Manager

Bid Manager

Commercial Manager

Supply Chain Manager

Technical 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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