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Tender Agreement Template for Switzerland

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Key Requirements PROMPT example:

Tender Agreement

"I need a Tender Agreement for a municipal waste management project in Zurich, with specific focus on environmental sustainability requirements and allowing consortium bids, to be launched in March 2025."

Document background
The Tender Agreement serves as the foundational document for public procurement processes in Switzerland, used when government entities or public institutions seek to purchase goods, services, or works through a competitive bidding process. It is specifically designed to comply with Swiss procurement law, including the Federal Act on Public Procurement and cantonal regulations. The document outlines the entire tender process, from submission requirements to evaluation criteria, and incorporates necessary safeguards to ensure transparency and fair competition. The Tender Agreement is particularly crucial for procurements above certain thresholds, where stricter regulations apply, and must align with both domestic requirements and Switzerland's international obligations under trade agreements.
Suggested Sections

1. Parties: Identification of the contracting authority and scope of potential tenderers

2. Background: Context of the tender, including project overview and procurement objectives

3. Definitions: Key terms used throughout the tender documents

4. Scope of Tender: Detailed description of the goods, services, or works being procured

5. Tender Process: Step-by-step procedure of the tender, including timelines and submission requirements

6. Eligibility Criteria: Minimum qualifications and requirements for tenderers

7. Evaluation Criteria: Detailed explanation of how tenders will be assessed and scored

8. Submission Requirements: Format, content, and deadline requirements for tender submissions

9. Communication Protocols: Rules for questions, clarifications, and communications during the tender process

10. Confidentiality Obligations: Requirements regarding confidential information handling

11. Legal Compliance: Requirements for compliance with Swiss law and relevant regulations

12. Terms and Conditions: General contractual terms that will apply to the successful tenderer

13. Rights of the Contracting Authority: Powers reserved by the authority, including right to modify or cancel the tender

14. Dispute Resolution: Procedures for handling disputes during the tender process

Optional Sections

1. International Procurement Provisions: Required when the tender value exceeds international thresholds under GPA

2. Construction-Specific Requirements: Include when the tender involves construction works, incorporating SIA norms

3. Sustainability Criteria: Environmental and social requirements, when sustainability is a factor in evaluation

4. Innovation Partnership Provisions: Include when the tender involves development of innovative solutions

5. Subcontracting Requirements: Include when subcontracting is permitted or restricted

6. Insurance Requirements: Specific insurance provisions based on the nature of the procurement

7. Security Requirements: Include when bid security or performance bonds are required

8. Local Content Requirements: Include when there are specific local content or SME participation requirements

Suggested Schedules

1. Technical Specifications: Detailed technical requirements and specifications for the goods, services, or works

2. Pricing Schedule: Template for submission of pricing information and cost breakdown

3. Form of Tender: Standard form for the tender submission

4. Qualification Forms: Templates for submitting qualification information and experience

5. Draft Contract: Proposed contract terms for the successful tenderer

6. Timeline Schedule: Detailed procurement timeline and key milestones

7. Declaration Forms: Templates for various required declarations (e.g., no conflict of interest, compliance)

8. Evaluation Matrix: Detailed scoring criteria and weightings

9. Site Information: Relevant site details and conditions (for construction/works tenders)

10. Performance Specifications: Detailed performance requirements and standards

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Public Infrastructure

Construction

Information Technology

Healthcare

Transportation

Energy

Defense

Environmental Services

Public Utilities

Professional Services

Education

Telecommunications

Waste Management

Urban Development

Research and Development

Relevant Teams

Legal

Procurement

Commercial

Finance

Operations

Compliance

Risk Management

Project Management

Technical Services

Business Development

Public Relations

Quality Assurance

Relevant Roles

Procurement Manager

Legal Counsel

Contract Manager

Project Manager

Tender Specialist

Compliance Officer

Technical Director

Financial Controller

Bid Manager

Commercial Director

Public Sector Relations Manager

Risk Manager

Quality Assurance Manager

Operations Director

Chief Financial Officer

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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