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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."
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
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
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
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
Legal
Business Development
Procurement
Project Management
Risk and Compliance
Finance
Operations
Commercial
Technical
Strategy
Business Affairs
Corporate Development
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
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