Consortium Agreement For Tender

Consortium Agreement For Tender Template for Hong Kong

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Key Requirements PROMPT example:

"I need a Consortium Agreement for Tender for three construction companies forming a consortium to bid on the Hong Kong Central Hospital Development Project, with tender submission due March 2025; one company will be the lead member with 50% stake, while two others will have 25% each."

Document background

The Consortium Agreement For Tender is essential when multiple companies wish to combine their expertise, resources, and capabilities to bid for substantial projects in Hong Kong. This document type is particularly crucial for large-scale tenders where single companies may not possess all required qualifications or capacity. Operating under Hong Kong's common law system, it establishes the consortium's governance structure, defines members' roles and responsibilities, allocates risks and rewards, and ensures compliance with local procurement and competition laws. The agreement typically includes provisions for tender preparation, cost sharing, confidentiality, and post-award scenarios, while incorporating specific requirements of Hong Kong's legal framework regarding joint bidding and consortium arrangements.

Suggested Sections

1. Parties: Identification of all consortium members with full legal names and registered addresses

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

3. Definitions: Definitions of key terms used throughout the agreement

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

5. Consortium Structure: Leadership, roles, and organizational structure of the consortium

6. Members' Obligations: General and specific responsibilities of each consortium member

7. Lead Member Responsibilities: Special duties and powers of the lead member in representing the consortium

8. Tender Preparation: Process and responsibilities for preparing and submitting the tender

9. Cost Sharing: Allocation of costs related to tender preparation and consortium operations

10. Confidentiality: Protection of confidential information shared within the consortium

11. Exclusivity: Commitment not to participate in competing bids for the same tender

12. Decision Making: Voting rights and decision-making procedures within the consortium

13. Liability and Indemnification: Risk allocation and mutual indemnification among members

14. Term and Termination: Duration of the agreement and circumstances for termination

15. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction

16. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Success Fee Arrangements: Used when members agree to success-based compensation upon winning the tender

2. Intellectual Property Rights: Include when significant IP will be shared or created during tender preparation

3. Bank Guarantee Requirements: Include when tender requires submission of bank guarantees or bonds

4. Post-Award Project Execution: Include when agreement extends to project execution phase if tender is won

5. Multiple Tender Provisions: Include when consortium agreement covers multiple tender opportunities

6. Local Content Requirements: Include when tender has specific local content or participation requirements

7. Dispute Resolution: Detailed dispute resolution procedures beyond standard jurisdiction clause

8. Insurance Requirements: Include when specific insurance coverage is required for tender submission

Suggested Schedules

1. Schedule 1 - Member Details: Detailed information about each consortium member including contact persons

2. Schedule 2 - Scope of Work: Detailed breakdown of work packages and member responsibilities

3. Schedule 3 - Cost Allocation: Detailed breakdown of cost sharing arrangements and payment procedures

4. Schedule 4 - Tender Requirements: Key tender requirements and compliance responsibilities

5. Schedule 5 - Power of Attorney: Authorization for lead member to act on behalf of consortium

6. Schedule 6 - Technical Resources: List of technical resources committed by each member

7. Schedule 7 - Financial Commitments: Details of financial commitments and guarantees from each member

8. Appendix A - Meeting Procedures: Detailed procedures for consortium meetings and decision-making

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Infrastructure Development

Construction

Information Technology

Telecommunications

Transportation

Energy and Utilities

Healthcare Infrastructure

Public Works

Defense Contracting

Environmental Services

Smart City Development

Manufacturing

Real Estate Development

Relevant Teams

Legal

Commercial

Business Development

Procurement

Finance

Risk Management

Operations

Technical

Compliance

Project Management

Bid Management

Strategic Partnerships

Relevant Roles

Chief Executive Officer

Managing Director

Project Director

Legal Counsel

Contract Manager

Business Development Director

Tender Manager

Commercial Director

Chief Financial Officer

Operations Director

Risk Manager

Procurement Manager

Technical Director

Bid Manager

Partnership Manager

Compliance Officer

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