The Tender Agreement serves as the primary document governing public procurement processes in Malta, establishing the framework for competitive bidding in accordance with both Maltese and EU procurement regulations. This document is essential when a public entity seeks to procure goods, services, or works through a formal tender process, typically for projects above certain value thresholds specified in procurement regulations. The Tender Agreement includes detailed specifications, evaluation criteria, submission requirements, and compliance obligations, ensuring transparency and fair competition in the procurement process. It must align with Malta's Public Procurement Regulations (S.L. 601.03) and incorporate relevant EU procurement directives, while also addressing specific sectoral requirements and local administrative procedures.
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1. Parties: Identification of the contracting authority and the tenderer, including full legal names, registration numbers, and addresses
2. Background: Context of the tender, including the procurement need and reference to the tender notice/invitation
3. Definitions: Definitions of key terms used throughout the agreement, including technical terms specific to the tender
4. Scope of Tender: Detailed description of the goods, services, or works being procured, including quantities and specifications
5. Tender Process: Steps and requirements of the tender submission, evaluation criteria, and timeline
6. Price and Payment Terms: Pricing structure, payment schedule, currency, and related financial terms
7. Submission Requirements: Format, content, and deadline for tender submissions, including required documentation
8. Evaluation Criteria: Detailed criteria and methodology for evaluating tender submissions
9. Obligations of the Parties: Specific responsibilities and obligations of both the contracting authority and tenderer
10. Compliance Requirements: Legal and regulatory compliance requirements, including permits and certifications
11. Confidentiality: Provisions regarding confidential information handling during the tender process
12. Warranties and Representations: Standard warranties and representations from both parties
13. Termination: Grounds and process for termination of the tender process or resulting contract
14. Dispute Resolution: Procedures for handling disputes, including jurisdiction and applicable law
15. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement provisions
1. Environmental Requirements: Specific environmental criteria and compliance requirements, used when the tender has environmental impact considerations
2. Social Value Commitments: Requirements for social value creation, used when social impact is a tender criterion
3. Innovation Partnership: Provisions for innovative solutions development, used in tenders seeking novel approaches
4. Cross-Border Considerations: Special provisions for international tenderers, used when foreign bidders are expected
5. Intellectual Property Rights: IP ownership and licensing provisions, used when the tender involves creation or use of IP
6. Security Requirements: Special security measures and clearances, used for sensitive or security-related tenders
7. Insurance Requirements: Specific insurance coverage requirements, used for high-risk or high-value tenders
8. Subcontracting: Rules and requirements for subcontracting, used when subcontracting is permitted
9. Performance Bonds: Requirements for performance guarantees, used for high-value or critical tenders
10. GDPR Compliance: Data protection requirements, used when personal data processing is involved
1. Schedule A - Technical Specifications: Detailed technical requirements and specifications for the tender
2. Schedule B - Pricing Schedule: Detailed breakdown of pricing requirements and format
3. Schedule C - Evaluation Matrix: Detailed scoring criteria and weightings for tender evaluation
4. Schedule D - Required Forms: Standard forms to be completed as part of the tender submission
5. Schedule E - Timeline: Detailed procurement timeline including key dates and deadlines
6. Schedule F - Compliance Checklist: Checklist of required documentation and compliance items
7. Schedule G - Draft Contract: Template of the contract to be awarded to the successful tenderer
8. Appendix 1 - Declaration Forms: Standard declaration forms including conflicts of interest and eligibility
9. Appendix 2 - Reference Project Templates: Templates for submitting information about reference projects
10. Appendix 3 - Performance Requirements: Detailed performance standards and KPIs
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