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Consortium Agreement For Tender

Consortium Agreement For Tender Template for Australia

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Key Requirements PROMPT example:

Consortium Agreement For Tender

"I need a Consortium Agreement For Tender for a group of three construction companies planning to bid jointly on a major infrastructure project in Queensland, with the agreement needed by March 2025 and requiring specific provisions for local content requirements and Indigenous business participation."

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Document background
The Consortium Agreement For Tender is essential when multiple organizations wish to combine their capabilities and resources to pursue large-scale tender opportunities in Australia. This document becomes particularly relevant for complex projects where no single organization possesses all the required capabilities, expertise, or resources to successfully bid and deliver the project alone. The agreement addresses key aspects such as consortium governance, member contributions, confidentiality, exclusivity, and risk allocation, while ensuring compliance with Australian legal requirements, including competition law and procurement regulations. It is commonly used in major infrastructure projects, government contracts, and other significant commercial opportunities where a collaborative approach enhances the competitive position of the bidding group.
Suggested Sections

1. Parties: Identification of all consortium members and their registered details

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

3. Definitions and Interpretation: Definitions of key terms and interpretation clauses

4. Formation and Scope of Consortium: Purpose, objectives, and scope of the consortium arrangement

5. Governance Structure: Management structure, decision-making processes, and voting rights

6. Roles and Responsibilities: Specific roles, obligations, and responsibilities of each consortium member

7. Financial Arrangements: Cost sharing, payment terms, and financial obligations of members

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

9. Confidentiality: Protection of confidential information and intellectual property

10. Exclusivity: Terms preventing members from participating in competing bids

11. Liability and Indemnities: Risk allocation, joint and several liability, and indemnification obligations

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

13. Dispute Resolution: Procedures for resolving disputes between consortium members

14. General Provisions: Standard boilerplate clauses including notices, governing law, and amendments

Optional Sections

1. Pre-qualification Requirements: Specific section when tender requires pre-qualification process

2. Local Content Requirements: Section addressing local content obligations when required by tender

3. Bond and Security Arrangements: Details of required performance bonds or security arrangements

4. Insurance Requirements: Specific insurance obligations when complex insurance arrangements are needed

5. Intellectual Property Rights: Detailed IP provisions when significant IP is involved in the tender

6. Change in Consortium Composition: Procedures for changes in membership when longer-term arrangement anticipated

7. Sub-contracting: Rules and procedures for sub-contracting when relevant to tender delivery

8. Environmental and Social Obligations: Specific provisions when tender has environmental or social requirements

Suggested Schedules

1. Schedule 1 - Contact Details: Key contact persons and details for each consortium member

2. Schedule 2 - Consortium Member Contributions: Detailed breakdown of each member's contributions (financial, resources, expertise)

3. Schedule 3 - Work Allocation Matrix: Detailed allocation of responsibilities for tender preparation and project execution

4. Schedule 4 - Cost Sharing Framework: Detailed mechanism for sharing costs and expenses

5. Schedule 5 - Tender Preparation Timeline: Detailed timeline and milestones for tender preparation

6. Schedule 6 - Governance Procedures: Detailed procedures for meetings, voting, and decision-making

7. Schedule 7 - Technical Capabilities Statement: Combined technical capabilities and experience of consortium members

8. Schedule 8 - Form of Confidentiality Agreement: Template confidentiality agreement for additional parties

9. Appendix A - Power of Attorney: Authorization for lead member to act on behalf of consortium

10. Appendix B - Pre-existing IP Register: Register of relevant pre-existing intellectual property

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Background IP
Business Day
Commencement Date
Competing Bid
Confidential Information
Consortium
Consortium Committee
Consortium Manager
Consortium Member
Consortium Interests
Core Team
Deadlock
Decision Matrix
Developed IP
Dispute
Effective Date
Exclusivity Period
Financial Contribution
Force Majeure Event
Governance Procedures
Initial Period
Intellectual Property Rights
Lead Member
Material Breach
Member's Proportion
Non-competing Obligations
Permitted Purpose
Pre-existing IP
Project
Project IP
Proposal
Representative
Required Majority
Services
Steering Committee
Supporting Member
Tender
Tender Documents
Tender Process
Tender Requirements
Tender Response
Tender Submission Date
Term
Third Party
Work Package
Work Share
Clauses
Formation of Consortium
Scope
Interpretation
Conditions Precedent
Term and Duration
Consortium Structure
Governance
Management Committee
Decision Making
Member Obligations
Lead Member Rights and Duties
Tender Preparation
Tender Submission
Resource Allocation
Financial Contributions
Cost Sharing
Payment Terms
Exclusivity
Non-Compete
Confidentiality
Intellectual Property
Data Protection
Liability
Indemnification
Insurance
Force Majeure
Change Control
Member Withdrawal
Termination
Exit Provisions
Dispute Resolution
Governing Law
Assignment
Notices
Amendment
Severability
Entire Agreement
Third Party Rights
Compliance
Anti-Corruption
Authority and Capacity
Representations and Warranties
Sub-contracting
Performance Guarantees
Record Keeping
Audit Rights
Business Ethics
Competition Law Compliance
Relevant Industries

Infrastructure

Construction

Defence

Government Services

Mining

Energy

Transportation

Healthcare

Technology

Telecommunications

Environmental Services

Engineering

Public Works

Renewable Energy

Maritime

Aerospace

Relevant Teams

Legal

Commercial

Business Development

Project Management

Finance

Risk and Compliance

Operations

Procurement

Strategic Planning

Bid Management

Relevant Roles

Chief Executive Officer

Commercial Director

Legal Counsel

Contract Manager

Bid Manager

Project Director

Chief Financial Officer

Business Development Manager

Risk Manager

Compliance Officer

Operations Director

Technical Director

Procurement Manager

Partnership Manager

Strategic Planning Director

Industries
Competition and Consumer Act 2010 (Cth): Primary legislation governing competition law in Australia, particularly relevant for consortium arrangements to ensure they don't breach cartel or anti-competitive provisions
Australian Consumer Law: Schedule 2 of the Competition and Consumer Act, relevant for consumer protection obligations if the tender involves consumer-facing services
Corporations Act 2001 (Cth): Governs business relationships, corporate obligations, and duties of consortium members as business entities
Public Governance, Performance and Accountability Act 2013: Relevant for tenders involving Commonwealth entities, setting out procurement rules and guidelines
Commonwealth Procurement Rules: Specific rules governing procurement processes at the federal level, essential for ensuring consortium compliance with tender requirements
Contract Law (Common Law): Common law principles governing contract formation, execution, and enforcement in Australia
State-specific Procurement Guidelines: Various state-level procurement policies and guidelines that may apply depending on the tender jurisdiction
Electronic Transactions Act 1999: Governs electronic communications and signatures in business transactions, relevant for modern tender submissions
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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