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Consortium Agreement For Tender Template for Switzerland

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Key Requirements PROMPT example:

Consortium Agreement For Tender

"We need a Consortium Agreement for Tender under Swiss law for three construction companies (two Swiss, one German) planning to jointly bid on a major infrastructure project in Zurich by March 2025, with specific emphasis on risk allocation and local regulatory compliance."

Document background
The Consortium Agreement For Tender is essential when multiple organizations wish to collaborate in bidding for significant projects under Swiss jurisdiction. This document is particularly crucial when single organizations lack the complete capabilities, resources, or qualifications required for a tender. It ensures compliance with Swiss public procurement laws while defining the internal organization of the consortium, including decision-making processes, resource allocation, and risk distribution. The agreement typically becomes relevant for large-scale public or private tenders where combined expertise and resources enhance competitiveness. It must address specific Swiss legal requirements regarding joint bidding, competition law, and liability arrangements, while providing flexibility to accommodate various tender requirements and industry-specific needs.
Suggested Sections

1. Parties: Identification and details of all consortium members

2. Background: Context of the tender opportunity and purpose of forming the consortium

3. Definitions: Key terms used throughout the agreement

4. Scope and Purpose: Detailed description of the tender opportunity and consortium objectives

5. Formation of Consortium: Legal basis of the consortium and its establishment under Swiss law

6. Consortium Governance: Management structure, decision-making processes, and voting rights

7. Roles and Responsibilities: Specific duties and contributions of each consortium member

8. Financial Arrangements: Cost sharing, payment terms, and financial obligations

9. Tender Preparation and Submission: Process for preparing and submitting the tender, including responsibilities and timelines

10. Confidentiality: Protection of confidential information and trade secrets

11. Liability and Indemnification: Joint and several liability provisions and indemnification obligations

12. Term and Termination: Duration of the agreement and termination provisions

13. Dispute Resolution: Procedures for resolving disputes under Swiss law

14. General Provisions: Standard legal provisions including notices, amendments, and governing law

Optional Sections

1. Intellectual Property Rights: Provisions for IP ownership and licensing when significant IP is involved in the tender

2. Insurance: Specific insurance requirements when required by the tender or risk profile

3. Bank Guarantees: Requirements for performance bonds or other financial guarantees if required by the tender

4. Sub-contracting: Rules for engaging subcontractors if allowed under the tender

5. Competition Restrictions: Non-compete provisions when members operate in similar markets

6. Post-Award Provisions: Arrangements that take effect if the tender is successful

7. Change in Consortium Membership: Procedures for adding or removing members if allowed by tender terms

Suggested Schedules

1. Schedule 1 - Member Contributions: Detailed breakdown of each member's technical, financial, and resource contributions

2. Schedule 2 - Consortium Structure: Organizational chart and management structure

3. Schedule 3 - Work Allocation: Detailed division of responsibilities for tender preparation

4. Schedule 4 - Cost Allocation: Breakdown of cost sharing and budget allocation

5. Schedule 5 - Timeline: Key dates and milestones for tender preparation and submission

6. Appendix A - Tender Requirements: Copy or summary of the tender requirements and specifications

7. Appendix B - Power of Attorney: Authorization for consortium leader to act on behalf of the consortium

8. Appendix C - Members' Corporate Documents: Relevant corporate authorizations and registrations

9. Appendix D - Communication Protocol: Procedures for internal and external communications

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

Construction and Infrastructure

Information Technology

Healthcare

Transportation

Energy and Utilities

Defense and Security

Environmental Services

Telecommunications

Financial Services

Professional Services

Manufacturing

Public Works

Research and Development

Urban Development

Education and Training

Relevant Teams

Legal

Business Development

Procurement

Project Management

Risk and Compliance

Finance

Operations

Commercial

Technical

Strategy

Business Affairs

Corporate Development

Relevant Roles

Chief Executive Officer

Managing Director

Legal Counsel

Contract Manager

Bid Manager

Project Director

Commercial Director

Business Development Manager

Procurement Manager

Risk Manager

Technical Director

Finance Director

Operations Manager

Compliance Officer

Partnership 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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