Tender Agency Agreement for Philippines

Tender Agency Agreement Template for Philippines

A Tender Agency Agreement governed by Philippine law establishes a formal relationship between a principal company and a specialized tender agent who will represent the principal in various tender processes. The agreement outlines the agent's authority to prepare, submit, and manage tender documents, negotiate terms, and handle communications with tender issuers on behalf of the principal. It incorporates compliance requirements with Philippine procurement laws, particularly the Government Procurement Reform Act (RA 9184) and related regulations, while defining the scope of services, compensation structure, and mutual obligations of the parties.

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What is a Tender Agency Agreement?

The Tender Agency Agreement is essential for companies operating in the Philippines who require specialized expertise in managing tender processes and bid submissions. This agreement type is particularly relevant when organizations need to participate in multiple tenders but lack internal resources or specific expertise in tender management. The document establishes the legal framework for the agent's authority, outlines compliance requirements with Philippine procurement laws, and defines key responsibilities and limitations. It's especially important given the strict regulatory environment in the Philippines regarding public procurement and the need for technical expertise in tender preparation and submission. The agreement typically includes detailed provisions about scope of authority, compliance requirements, confidentiality obligations, and fee structures, ensuring both parties understand their roles and responsibilities in the tender process.

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 details, and addresses

2. Background: Context of the appointment, brief description of the Principal's business, and the purpose of engaging a tender agent

3. Definitions: Definitions of key terms used throughout the agreement, including specific tender-related terminology

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

5. Agent's Duties and Responsibilities: Comprehensive list of the agent's obligations in managing tender processes, including document preparation, submission procedures, and communication protocols

6. Principal's Obligations: Principal's responsibilities including provision of information, documentation, and timely responses

7. Fees and Payment Terms: Compensation structure, payment schedule, and reimbursement of expenses

8. Term and Termination: Duration of the agreement, renewal terms, and circumstances for termination

9. Confidentiality: Obligations regarding confidential information and tender documents

10. Compliance with Laws: Commitment to comply with relevant Philippine procurement laws and regulations

11. Liability and Indemnification: Allocation of risks and responsibilities between parties

12. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution

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

1. Sub-Agents: Include when the agent may need to appoint sub-agents for specific aspects of the tender process

2. Performance Metrics: Include when specific performance standards or KPIs are required for monitoring the agent's services

3. Insurance: Include when specific insurance requirements are necessary for high-value tenders

4. Intellectual Property: Include when the tender process involves proprietary information or IP rights

5. Anti-Corruption Provisions: Include detailed anti-corruption clauses for high-risk or government tenders

6. Force Majeure: Include specific force majeure provisions for long-term arrangements

7. Transition Services: Include when handover provisions are required at the end of the agency relationship

What schedules should be included in a Tender Agency Agreement?

1. Schedule 1 - Service Level Agreement: Detailed description of service levels, response times, and performance standards

2. Schedule 2 - Fee Structure: Detailed breakdown of fees, commission rates, and payment calculations

3. Schedule 3 - Tender Process Procedures: Step-by-step procedures for managing different types of tenders

4. Schedule 4 - Required Documentation: List of standard documents required for tender submissions

5. Schedule 5 - Authorized Representatives: List of authorized personnel from both parties who can make decisions

6. Schedule 6 - Compliance Checklist: Checklist of regulatory requirements and compliance procedures

7. Appendix A - Power of Attorney: Standard format for power of attorney when required for specific tenders

8. Appendix B - Report Templates: Standard templates for regular reporting and tender documentation

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

Philippines

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Clauses
Relevant Industries

Construction

Infrastructure Development

Information Technology

Healthcare

Energy

Telecommunications

Defense

Transportation

Public Works

Mining

Manufacturing

Professional Services

Education

Utilities

Relevant Teams

Legal

Procurement

Business Development

Commercial

Finance

Operations

Compliance

Risk Management

Supply Chain

Project Management

Relevant Roles

Procurement Manager

Tender Specialist

Business Development Manager

Contract Manager

Legal Counsel

Commercial Director

Chief Financial Officer

Project Manager

Bid Manager

Compliance Officer

Operations Director

Supply Chain Manager

Chief Executive Officer

Risk Manager

General Counsel

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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