The Tender Agency Agreement is essential for companies seeking to participate in tender processes in Malaysia through professional representatives. This document type is commonly used when a company requires specialized expertise in navigating complex tender procedures, particularly in regulated industries or government procurement. The agreement must comply with Malaysian legal requirements, including the Contracts Act 1950, Government Contracts Act 1949, and anti-corruption legislation. It typically includes detailed provisions on the agent's authority, commission structures, compliance procedures, and reporting requirements. The document is crucial for establishing clear parameters of the agency relationship, protecting both parties' interests, and ensuring transparency in tender participation.
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1. Parties: Identification of the Principal and the Tender Agent, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, including the Principal's business nature and need for tender agency services
3. Definitions: Definitions of key terms used throughout the agreement, including 'Tender', 'Tender Documents', 'Services', 'Commission', etc.
4. Appointment and Scope: Formal appointment of the agent and detailed scope of authority in relation to tender processes
5. Term and Termination: Duration of the agreement and circumstances under which it may be terminated
6. Agent's Duties and Responsibilities: Comprehensive list of the agent's obligations in managing tender processes
7. Principal's Obligations: Principal's responsibilities including providing necessary information and support
8. Commission Structure: Details of agency fees, commission rates, and payment terms
9. Confidentiality: Obligations regarding confidential information and tender documents
10. Compliance and Anti-Corruption: Compliance requirements with relevant laws and anti-corruption measures
11. Limitation of Liability: Extent and limitations of the agent's liability
12. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
1. Exclusivity: Terms regarding exclusive agency rights for specific tenders or territories
2. Performance Targets: Specific KPIs or performance metrics, if required
3. Sub-Agents: Terms governing the appointment and management of sub-agents
4. Insurance: Requirements for professional indemnity and other relevant insurance
5. Force Majeure: Provisions for unforeseen circumstances affecting tender processes
6. Data Protection: Specific provisions for handling personal data in tender processes
7. Training and Support: Terms regarding training and support provided by the Principal
8. Post-Termination Obligations: Obligations that survive the termination of the agreement
1. Schedule 1 - Services Description: Detailed description of tender agency services to be provided
2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms
3. Schedule 3 - Territory: Definition of geographical areas or market sectors covered by the agreement
4. Schedule 4 - Reporting Requirements: Templates and requirements for regular reporting on tender activities
5. Schedule 5 - Compliance Procedures: Detailed procedures for ensuring compliance with tender regulations
6. Appendix A - Power of Attorney: Standard form of power of attorney for tender submissions
7. Appendix B - Standard Operating Procedures: Detailed procedures for tender preparation and submission
8. Appendix C - Required Documents: List of standard documents required for tender submissions
Relevant legal definitions
Clauses
Relevant Industries
Construction
Infrastructure
Oil and Gas
Healthcare
Information Technology
Defense
Telecommunications
Public Works
Energy
Transportation
Education
Manufacturing
Relevant Teams
Legal
Procurement
Commercial
Business Development
Operations
Finance
Compliance
Sales
Project Management
Risk Management
Relevant Roles
Procurement Manager
Commercial Director
Legal Counsel
Tender Manager
Business Development Manager
Contract Administrator
Compliance Officer
Chief Financial Officer
Operations Director
Project Manager
Bid Manager
Sales Director
General Manager
Managing Director
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