A Bidding Letter of Intent is a crucial preliminary document used in Swiss business practice when organizations plan to participate in significant tender processes or bidding opportunities. This document serves as a formal expression of interest and initial commitment to engage in the bidding process, while maintaining flexibility before the submission of a final bid. Under Swiss law, particularly relevant in context of the Federal Act on Public Procurement and Swiss Code of Obligations, the Bidding Letter of Intent typically outlines the basic parameters of participation, demonstrates preliminary project understanding, and establishes certain commitments (such as confidentiality) while clearly stating its generally non-binding nature. It's particularly important in complex projects where significant resources will be devoted to bid preparation, or where preliminary negotiations or information exchange is necessary before proceeding with a formal bid.
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1. Sender and Recipient Details: Full legal names and addresses of both parties, including authorized representatives
2. Date: Date of the letter, formatted according to Swiss business standards
3. Subject Line: Clear identification of the bid opportunity and reference numbers
4. Introduction: Brief statement identifying the bid opportunity and confirming the intention to participate
5. Project Understanding: Demonstration of understanding of the project scope and requirements
6. Confirmation of Intent: Express statement of intention to submit a formal bid
7. Basic Terms: Key parameters of the intended bid, including timeline and general approach
8. Confidentiality Statement: Statement regarding the confidential nature of discussions and information exchange
9. Non-Binding Nature: Clear statement that the letter is non-binding except for specified provisions
10. Contact Details: Primary contact person and their details for further communication
11. Closing and Signature: Formal closing, name and signature of authorized representative
1. Exclusivity Period: Used when parties agree to negotiate exclusively for a specified period
2. Preliminary Budget Range: Include when initial cost estimates are required or beneficial to the process
3. Key Personnel: When specific team members are crucial to the bid and should be identified early
4. Consortium Details: Required when bidding as part of a consortium or partnership
5. Due Diligence Requirements: When preliminary due diligence needs or access requirements should be specified
6. Conditions Precedent: When specific conditions must be met before proceeding with the formal bid
7. Governing Law Statement: While Swiss law is applicable, specific mention may be needed for international parties
1. Company Profile: Brief overview of the bidding company's capabilities and relevant experience
2. Initial Timeline: Preliminary schedule for bid preparation and submission
3. Key Project Requirements: Summary of understood project requirements and scope
4. Consortium Agreement: If bidding as consortium, preliminary agreement between consortium members
5. Proof of Authority: Documentation confirming the signatory's authority to represent the company
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