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Consortium Agreement For Tender

Consortium Agreement For Tender Template for India

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Key Requirements PROMPT example:

Consortium Agreement For Tender

"I need a Consortium Agreement for Tender for a group of three IT companies (one lead member and two supporting members) planning to bid for a government smart city project in Maharashtra, with specific provisions for data privacy and local content requirements."

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Document background
The Consortium Agreement For Tender is a crucial document used when multiple organizations wish to combine their technical expertise, financial resources, and operational capabilities to participate in tender processes in India. This agreement is particularly relevant for large-scale projects where individual companies may not possess all the required qualifications or capabilities independently. The document must comply with Indian contract law, including the Indian Contract Act, 1872, and various tender-specific regulations. It addresses key aspects such as consortium formation, member responsibilities, profit sharing, liability distribution, and tender participation procedures. The agreement becomes especially important in government tenders where consortium participation must meet strict regulatory requirements and transparency standards.
Suggested Sections

1. Parties: Identification and details of all consortium members, including registered addresses and authorized representatives

2. Background: Context of the tender, purpose of forming the consortium, and brief description of each member's expertise

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

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

5. Formation of Consortium: Legal basis of consortium formation, effective date, and term of the agreement

6. Roles and Responsibilities: Specific roles, duties, and contributions of each consortium member

7. Lead Member: Appointment, powers, and responsibilities of the lead member/representative

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

9. Decision Making: Governance structure, voting rights, and decision-making processes

10. Tender Participation: Procedures for bid preparation, submission, and post-tender activities

11. Confidentiality: Protection of confidential information and intellectual property

12. Liability and Indemnification: Joint and several liability provisions, indemnification obligations

13. Term and Termination: Duration of agreement, termination conditions, and consequences

14. Dispute Resolution: Mechanism for resolving disputes between consortium members

15. Governing Law: Applicable law and jurisdiction

Optional Sections

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

2. Bank Guarantee Arrangements: Required when tender necessitates submission of bank guarantees

3. Insurance: Detailed insurance requirements if specified by tender or high-risk project

4. Local Content Requirements: Include when tender has specific local content or Make in India provisions

5. Intellectual Property Rights: Detailed IP provisions when project involves significant IP contributions

6. Force Majeure: Detailed force majeure provisions for high-value or long-term projects

7. Step-In Rights: Required for projects where member substitution might be necessary

8. Anti-Corruption Compliance: Detailed compliance procedures for high-value government tenders

9. Environmental Compliance: Required for projects with significant environmental impact

Suggested Schedules

1. Schedule 1 - Member Details: Detailed information about each consortium member including registration documents

2. Schedule 2 - Scope of Work: Detailed breakdown of work allocation among consortium members

3. Schedule 3 - Financial Contribution: Detailed breakdown of financial contributions and profit sharing

4. Schedule 4 - Technical Capabilities: Technical qualifications and resources of each member

5. Schedule 5 - Power of Attorney: Authority documents for consortium representation

6. Schedule 6 - Project Timeline: Detailed project execution timeline and milestones

7. Schedule 7 - Tender Requirements: Copy of key tender requirements and compliance matrix

8. Appendix A - Communication Protocol: Procedures for internal and external communications

9. Appendix B - Forms and Templates: Standard forms for consortium operations and reporting

10. Appendix C - Bank Details: Banking arrangements and account details for financial transactions

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 Law
Authorized Representative
Bid
Bid Security
Business Day
Confidential Information
Consortium
Consortium Committee
Consortium Member
Contract
Effective Date
Financial Year
Force Majeure Event
Intellectual Property Rights
Lead Member
Letter of Intent
Material Breach
Member's Proportion
Performance Security
Project
Project Documents
Scope of Work
Services
Supporting Members
Technical Documents
Tender
Tender Authority
Tender Documents
Tender Process
Term
Third Party
Work Share
Working Committee
Joint and Several Liability
Bid Documents
Affiliate
Control
Default Notice
Dispute
Good Industry Practice
Government Authority
Indemnified Party
Losses
Parent Company
Project Company
Representatives
Successful Bid
Tender Requirements
Withdrawal Notice
Clauses
Interpretation
Formation of Consortium
Scope
Term and Duration
Consortium Leadership
Roles and Responsibilities
Financial Arrangements
Work Distribution
Decision Making
Voting Rights
Representations and Warranties
Tender Participation
Bid Preparation
Performance Security
Bank Guarantees
Confidentiality
Intellectual Property
Liability
Indemnification
Risk Allocation
Resource Sharing
Communication Protocol
Competition Restrictions
Exclusivity
Compliance
Documentation
Record Keeping
Governance
Member Meetings
Project Management
Quality Assurance
Force Majeure
Termination
Exit Rights
Dispute Resolution
Arbitration
Notices
Assignment
Amendments
Severability
Entire Agreement
Governing Law
Jurisdiction
Relevant Industries

Infrastructure and Construction

Information Technology

Defense and Aerospace

Healthcare

Energy and Utilities

Transportation and Logistics

Telecommunications

Manufacturing

Mining and Natural Resources

Environmental Services

Smart Cities Development

Public Works

Education and Training

Research and Development

Relevant Teams

Legal

Finance

Business Development

Operations

Procurement

Risk Management

Compliance

Project Management Office

Technical

Commercial

Corporate Secretarial

Strategy

Relevant Roles

Chief Executive Officer

Managing Director

Chief Financial Officer

Legal Director

Head of Business Development

Tender Manager

Project Director

Contract Manager

Procurement Manager

Risk Management Officer

Compliance Officer

Company Secretary

Business Development Manager

Operations Director

Technical Director

Commercial Manager

Industries
Indian Contract Act, 1872: Fundamental law governing contract formation, validity, and enforcement in India. Essential for structuring the consortium agreement's basic elements like offer, acceptance, consideration, and enforceability.
Competition Act, 2002: Regulates anti-competitive practices. Crucial for ensuring the consortium arrangement doesn't violate anti-trust provisions or create unfair market advantages.
General Financial Rules (GFR), 2017: Government guidelines for public procurement. Provides rules for tender participation, including consortium bidding requirements and documentation.
Prevention of Corruption Act, 1988: Anti-corruption legislation relevant to public tenders. Essential for including compliance provisions and ethical conduct requirements in the agreement.
Companies Act, 2013: Relevant for corporate governance aspects if consortium members are companies, including board approvals and authorized signatory requirements.
Indian Partnership Act, 1932: Applicable for understanding joint liability and partnership aspects of the consortium arrangement.
Information Technology Act, 2000: Relevant for electronic submissions and digital signatures if the tender process involves electronic documentation.
Central Vigilance Commission Act, 2003: Provides guidelines on transparency and fairness in public procurement, affecting how consortium members must conduct themselves.
Arbitration and Conciliation Act, 1996: Important for dispute resolution mechanisms within the consortium agreement.
Specific Tender Guidelines: Any specific guidelines issued by the tendering authority or relevant government department that affect consortium participation.
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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