The Tender Agreement serves as a critical document in Nigerian public procurement processes, establishing the legal and procedural framework for competitive bidding. It is used when government entities, public institutions, or statutory bodies seek to procure goods, works, or services through a transparent and competitive process. The agreement must comply with the Public Procurement Act 2007 and other relevant Nigerian legislation, incorporating specific requirements for local content, anti-corruption measures, and fair competition. A properly structured Tender Agreement includes technical specifications, evaluation criteria, submission requirements, and necessary compliance measures, ensuring that both the procuring entity and potential bidders understand their rights, obligations, and the parameters of the tender process. This document is particularly important in ensuring transparency, accountability, and value for money in public spending while promoting fair competition and local industry development.
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1. Parties: Identification of the procuring entity and the tenderer/bidder
2. Background: Context of the tender, including the project overview and procurement need
3. Definitions: Key terms used throughout the agreement
4. Scope of Tender: Detailed description of the goods, works, or services being procured
5. Tender Requirements: Technical, financial, and administrative requirements for valid tender submission
6. Submission Process: Procedures, deadlines, and format for tender submission
7. Evaluation Criteria: Detailed criteria and methodology for evaluating tenders
8. Price and Payment Terms: Pricing requirements, currency, and payment conditions
9. Compliance Requirements: Legal and regulatory compliance obligations, including local content requirements
10. Confidentiality: Provisions regarding confidential information handling
11. Anti-corruption Provisions: Compliance with anti-corruption laws and ethical requirements
12. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction details
1. Pre-qualification Requirements: Used when the tender requires a pre-qualification phase
2. Site Visit Requirements: Included for construction or installation projects requiring site inspection
3. Local Content Provisions: Detailed section when specific local content requirements apply
4. Joint Venture Requirements: Included when joint ventures are permitted to bid
5. Alternative Proposals: Section included when alternative technical solutions are acceptable
6. Performance Security: Used when security bonds or guarantees are required
7. Insurance Requirements: Detailed insurance requirements for high-risk projects
8. Environmental Compliance: Required for projects with environmental impact
1. Schedule 1 - Technical Specifications: Detailed technical requirements and specifications
2. Schedule 2 - Pricing Schedule: Format for price breakdown and cost components
3. Schedule 3 - Tender Form: Standard form for tender submission
4. Schedule 4 - Qualification Information: Templates for submitting qualification documentation
5. Schedule 5 - Performance Requirements: Detailed performance metrics and standards
6. Appendix A - Required Certificates: List of required regulatory and compliance certificates
7. Appendix B - Standard Forms: Collection of standard forms including bid security, performance security
8. Appendix C - Contract Draft: Draft of the contract to be signed upon tender award
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