Conditions of Tender
1. GENERAL
1.1 These conditions apply to all tenders submitted by subcontractors (“Tenderer”) to the main contractor (“Main Contractor”) for commercial construction projects in New Zealand.
1.2 By submitting a tender, the Tenderer acknowledges and agrees to comply with these conditions.
2. TENDER SUBMISSION
2.1 Tenders must be submitted by the due date and time specified in the invitation to tender.
2.2 Late tenders may not be considered unless expressly permitted by the Main Contractor.
2.3 The Tenderer must ensure that all tender documents are completed in full and signed by an authorized representative.
2.4 Any alternative offers or deviations from the specified scope must be clearly identified and accompanied by supporting details.
3. TENDER VALIDITY
3.1 Tenders shall remain valid and open for acceptance for a period of [specify period, e.g., 60] days from the closing date unless otherwise stated.
3.2 The Tenderer may not withdraw or amend the tender within this period without the written consent of the Main Contractor.
4. SCOPE OF WORK
4.1 The Tenderer must ensure that the tendered price covers the full scope of works as described in the tender documents, including labour, materials, plant, supervision, compliance with statutory requirements, and any other necessary components.
4.2 The Tenderer is responsible for reviewing all project specifications, drawings, and related documentation before submitting the tender.
5. PRICING AND PAYMENT TERMS
5.1 Prices submitted must be in New Zealand Dollars (NZD) and be exclusive of GST unless stated otherwise.
5.2 The tendered price must include all applicable taxes, levies, duties, insurance, and overheads.
5.3 Payment terms will be in accordance with the Construction Contracts Act 2002 and the terms specified in the subcontract agreement.
6. COMPLIANCE WITH LAWS AND STANDARDS
6.1 The Tenderer must comply with all relevant New Zealand laws, regulations, building codes, and industry standards.
7. HEALTH AND SAFETY
7.1 The Tenderer must ensure compliance with health and safety obligations under the Health and Safety at Work Act 2015.
7.2 The Tenderer is required to be SiteWise Green prequalified or hold an equivalent health and safety prequalification as deemed acceptable by the Main Contractor. Evidence of this prequalification must be provided as part of the tender submission.
8. CONTRACT AWARD
8.1 The Main Contractor reserves the right to accept or reject any tender and is not obliged to accept the lowest or any tender.
8.2 The Main Contractor may negotiate with one or more Tenderers before awarding the subcontract. 8.3 The successful Tenderer will be required to enter into a formal subcontract agreement, the terms of which will be provided by the Main Contractor.
9. CONFIDENTIALITY
9.1 All tender information provided by the Main Contractor must be kept confidential and not disclosed to third parties without prior written consent.
9.2 The Tenderer must not use information obtained through the tendering process for any purpose other than for preparing the tender.
10. VARIATIONS AND CLARIFICATIONS
10.1 Any requests for clarification or additional information must be made in writing before the tender closing date.
10.2 Any amendments to the tender documents will be issued by the Main Contractor in writing, and the Tenderer must acknowledge receipt.
11. DISPUTE RESOLUTION
11.1 Any disputes arising out of the tendering process shall be resolved through good faith negotiations between the parties.
11.2 If unresolved, disputes may be referred to mediation or arbitration in accordance with New Zealand law.
12. DISCLAIMER
12.1 The Main Contractor is not responsible for any costs incurred by the Tenderer in preparing and submitting a tender.
12.2 The issue of this tender invitation does not constitute an offer to enter into a contract.