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Tender Agency Agreement Template for Australia

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Key Requirements PROMPT example:

Tender Agency Agreement

"I need a Tender Agency Agreement for appointing an external consultant to handle government infrastructure tenders in Australia, with special focus on probity requirements and success fee structures for contracts over $10M."

Document background
The Tender Agency Agreement is essential for businesses seeking professional representation in competitive tender processes within Australia. This document establishes the framework for appointing and working with specialized tender agents who can identify opportunities, prepare submissions, and manage the entire tender process. It is particularly valuable for companies looking to expand their business through government contracts or large commercial projects, but who may lack internal tender expertise. The agreement covers crucial aspects such as scope of authority, confidentiality, intellectual property rights, and remuneration structures, while ensuring compliance with Australian procurement laws and regulations. It's designed to protect both the principal's interests in sensitive commercial information and the agent's right to compensation for successful outcomes.
Suggested Sections

1. Parties: Identification of the Principal and the Agent

2. Background: Context of the agreement, including the Principal's business and need for tender agency services

3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation

4. Appointment and Scope: Formal appointment of the Agent and detailed scope of authority

5. Term: Duration of the agreement, including start date and renewal provisions

6. Agent's Obligations: Core responsibilities including tender identification, preparation, submission and negotiation

7. Principal's Obligations: Responsibilities including information provision and cooperation

8. Remuneration: Fee structure, payment terms, and success fees

9. Confidentiality: Protection of tender information and business secrets

10. Intellectual Property: Ownership and usage rights of tender documents and related materials

11. Liability and Indemnity: Risk allocation between parties and indemnification obligations

12. Termination: Termination rights, process, and consequences

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

Optional Sections

1. International Tenders: Include when Agent will handle international tenders, covering specific requirements and jurisdictional issues

2. Sub-Agents: Include when Agent is permitted to appoint sub-agents, detailing approval process and responsibility chain

3. Industry-Specific Compliance: Include when operating in regulated industries with specific tender requirements

4. Performance Metrics: Include when specific KPIs or performance standards are required

5. Insurance: Include when specific insurance requirements are needed beyond standard professional indemnity

6. Anti-Bribery and Corruption: Include for international tenders or when dealing with government entities

7. Data Protection: Include when handling significant personal or sensitive data in tender processes

8. Force Majeure: Include when specific events beyond parties' control need to be addressed

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of tender agency services to be provided

2. Schedule 2 - Fee Structure: Detailed breakdown of fees, commissions, and payment terms

3. Schedule 3 - Tender Process Protocol: Step-by-step procedure for handling tenders

4. Schedule 4 - Reporting Requirements: Format and frequency of progress reports and updates

5. Schedule 5 - Key Personnel: List of key personnel responsible for providing the services

6. Appendix A - Power of Attorney: If required, formal authorization for Agent to act on Principal's behalf

7. Appendix B - Compliance Checklist: Standard compliance requirements for tender submissions

8. Appendix C - Document Templates: Standard forms and templates for tender documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































Clauses







































Relevant Industries

Construction

Infrastructure

Defense

Healthcare

Information Technology

Mining

Energy

Telecommunications

Transport

Professional Services

Manufacturing

Education

Government Services

Utilities

Relevant Teams

Legal

Procurement

Commercial

Business Development

Operations

Risk and Compliance

Project Management

Finance

Executive Leadership

Relevant Roles

Procurement Manager

Commercial Director

Tender Manager

Business Development Manager

Contract Administrator

Legal Counsel

Chief Commercial Officer

Bid Manager

Operations Director

Project Manager

Compliance Officer

Risk Manager

Chief Executive Officer

Commercial Manager

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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