The Tender Agreement is a crucial document used in Austrian public and private procurement processes to establish the framework for competitive bidding procedures. It is specifically designed to comply with Austrian procurement law (Bundesvergabegesetz 2018) and relevant EU directives, making it essential for any significant procurement activity in Austria. The document typically includes detailed specifications of the tender process, evaluation criteria, technical requirements, and compliance obligations. It serves multiple purposes: ensuring transparency and fair competition, establishing clear procedures for bid submission and evaluation, and providing legal protection for all parties involved. The Tender Agreement is particularly important in regulated sectors and public procurement, where strict compliance with procurement laws is mandatory.
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1. Parties: Identification of the contracting authority and the tenderer(s)
2. Background: Context of the tender, including the project overview and procurement procedure type
3. Definitions: Key terms used throughout the agreement, including technical and procedural terminology
4. Subject Matter of Tender: Detailed description of the goods, services, or works being procured
5. Tender Process: Steps and timeline of the tender procedure, including submission requirements
6. Qualification Criteria: Minimum requirements for tenderer eligibility and participation
7. Evaluation Criteria: Detailed explanation of how tenders will be assessed and scored
8. Pricing and Payment Terms: Requirements for price submission and payment conditions
9. Confidentiality: Obligations regarding confidential information during and after the tender process
10. Intellectual Property Rights: Provisions regarding IP in tender submissions and final deliverables
11. Compliance Requirements: Anti-corruption, anti-collusion, and other compliance obligations
12. Governing Law and Jurisdiction: Confirmation of Austrian law application and dispute resolution procedures
13. Execution: Signature blocks and execution requirements
1. Consortium Provisions: Required when tenders can be submitted by consortia, detailing joint liability and consortium structure requirements
2. Subcontracting: Include when subcontracting is permitted, specifying conditions and approval requirements
3. Insurance Requirements: Detailed insurance provisions for high-value or high-risk projects
4. Bank Guarantees: Required for projects needing bid bonds or performance guarantees
5. Environmental Requirements: For projects with specific environmental impact considerations
6. Social Value Provisions: When social value or community benefit requirements are part of the evaluation
7. Innovation Partnership: For tenders involving research and development components
8. GDPR Compliance: Detailed data protection provisions when personal data processing is involved
1. Technical Specifications: Detailed technical requirements and specifications for the tender
2. Pricing Schedule: Template for submission of pricing information
3. Form of Tender: Standard form for tender submission
4. Evaluation Matrix: Detailed scoring criteria and weightings
5. Timeline: Detailed procurement timeline with key dates and milestones
6. Required Certificates: List of required compliance certificates and forms
7. Draft Contract: Proposed contract terms for the successful tenderer
8. Question and Answer Template: Format for submission of clarification questions
9. Reference Project Forms: Templates for submission of reference projects
10. Declaration Forms: Standard declarations regarding eligibility and compliance
Relevant legal definitions
Clauses
Relevant Industries
Public Administration
Construction
Infrastructure
Healthcare
Information Technology
Defense
Energy
Transportation
Environmental Services
Education
Telecommunications
Professional Services
Research and Development
Waste Management
Urban Development
Relevant Teams
Legal
Procurement
Commercial
Compliance
Finance
Operations
Business Development
Risk Management
Technical
Supply Chain
Project Management
Bid Management
Relevant Roles
Procurement Manager
Legal Counsel
Contract Manager
Bid Manager
Project Director
Compliance Officer
Technical Director
Chief Financial Officer
Commercial Director
Public Procurement Specialist
Tender Coordinator
Risk Manager
Business Development Manager
Operations Director
Supply Chain Manager
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