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Consortium Agreement For Tender

Consortium Agreement For Tender Template for Nigeria

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Key Requirements PROMPT example:

Consortium Agreement For Tender

"I need a Consortium Agreement For Tender for three companies (two Nigerian construction firms and one international engineering company) planning to jointly bid on the Lagos State Government's infrastructure development project in March 2025, with specific attention to local content requirements and risk allocation between parties."

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Document background
The Consortium Agreement For Tender is a critical document used when multiple companies wish to collaborate in bidding for significant projects in Nigeria. This agreement type is particularly relevant for large-scale projects where combining resources, expertise, and local content capabilities is necessary for competitive bidding. It must comply with Nigerian legislation, including the Public Procurement Act 2007 and Local Content Act 2010. The agreement typically covers consortium formation, governance structure, member responsibilities, financial arrangements, and risk allocation. It's especially important in sectors requiring substantial technical expertise, financial resources, or specialized capabilities that single entities might not possess independently.
Suggested Sections

1. Parties: Identifies all consortium members and their legal details

2. Background: Sets out the context of the tender opportunity and the purpose of forming the consortium

3. Definitions and Interpretation: Defines key terms and establishes interpretation rules for the agreement

4. Formation of Consortium: Establishes the consortium's legal structure and relationship between parties

5. Purpose and Scope: Defines the specific tender being pursued and scope of consortium activities

6. Roles and Responsibilities: Details each member's specific roles, obligations, and contributions

7. Leadership and Management: Establishes the lead member and management structure of the consortium

8. Decision Making: Outlines voting rights and decision-making processes

9. Financial Arrangements: Covers cost sharing, profit distribution, and financial obligations

10. Local Content Compliance: Addresses compliance with Nigerian Local Content requirements

11. Confidentiality: Governs the handling of confidential information

12. Liability and Indemnification: Sets out liability allocation between members and indemnification obligations

13. Term and Termination: Specifies duration and termination conditions

14. Dispute Resolution: Details dispute resolution mechanisms and governing law

15. General Provisions: Contains standard boilerplate clauses

Optional Sections

1. Intellectual Property Rights: Required when the tender involves IP creation or sharing

2. Insurance: Needed when specific insurance requirements exist for the tender

3. Bank Guarantees: Include when bid bonds or performance guarantees are required

4. Anti-corruption Compliance: Important for public tenders or when involving international parties

5. Force Majeure: Optional but recommended for long-term arrangements

6. Change in Consortium Composition: Important for longer-term projects where membership might change

7. Step-in Rights: Needed when certain members may need to take over others' responsibilities

8. Environmental Compliance: Required for projects with environmental impact

Suggested Schedules

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

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

3. Schedule 3 - Financial Contributions: Detailed breakdown of financial commitments and cost sharing

4. Schedule 4 - Project Timeline: Key dates and milestones for the tender process

5. Schedule 5 - Technical Specifications: Technical requirements and standards to be met

6. Schedule 6 - Governance Procedures: Detailed procedures for consortium management

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

8. Appendix B - Member Qualifications: Details of each member's relevant qualifications and experience

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

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
Affiliate
Applicable Law
Bid
Bid Bond
Business Day
Commencement Date
Confidential Information
Consortium
Consortium Committee
Consortium Leader
Consortium Member
Consortium Share
Contract
Contribution
Control
Defaulting Member
Effective Date
Expert
Financial Year
Force Majeure Event
Governance Procedures
Intellectual Property Rights
Lead Member
Local Content Requirements
Material Breach
Member
Notice
Parent Company
Participating Interest
Party/Parties
Performance Bond
Project
Project Manager
Proposal
Representative
Schedule
Scope of Work
Services
Steering Committee
Subcontractor
Technical Committee
Tender
Tender Documents
Tender Process
Term
Third Party
Voting Rights
Work Package
Working Group
Clauses
Definitions
Interpretation
Formation of Consortium
Purpose and Scope
Duration
Consortium Structure
Member Obligations
Lead Member Rights and Duties
Decision Making
Meetings
Voting Rights
Financial Contributions
Cost Sharing
Profit Distribution
Bank Guarantees
Tender Participation
Bid Submission
Local Content Compliance
Technical Requirements
Quality Standards
Confidentiality
Intellectual Property
Warranties and Representations
Liability
Indemnification
Insurance
Force Majeure
Assignment
Change in Membership
Withdrawal
Exclusivity
Non-Competition
Anti-Corruption
Compliance with Laws
Dispute Resolution
Governing Law
Termination
Consequences of Termination
Notices
Entire Agreement
Amendments
Severability
Waiver
Third Party Rights
Counterparts
Relevant Industries

Infrastructure Development

Oil and Gas

Construction

Power Generation

Transportation

Mining

Telecommunications

Healthcare Infrastructure

Water and Sanitation

Manufacturing

Defense Contracting

Agricultural Projects

Urban Development

Technology and Digital Infrastructure

Relevant Teams

Legal

Business Development

Procurement

Commercial

Risk Management

Compliance

Finance

Operations

Project Management

Technical

Strategy

Business Affairs

Corporate Development

Relevant Roles

Chief Executive Officer

Managing Director

Business Development Director

Legal Counsel

Contract Manager

Bid Manager

Project Director

Commercial Manager

Procurement Manager

Risk Manager

Compliance Officer

Technical Director

Finance Director

Operations Director

Partnership Manager

Industries
Public Procurement Act 2007: The primary legislation governing public procurement in Nigeria, which sets out the rules and procedures for public tenders and bidding processes
Companies and Allied Matters Act (CAMA) 2020: Governs the formation, management and operation of companies in Nigeria, including joint ventures and business associations
Nigerian Contract Law: Based on common law principles, governs the formation and enforcement of contracts, including consortium agreements
Federal Competition and Consumer Protection Act 2018: Regulates competition and prevents anti-competitive practices, important for consortium formations to ensure compliance with anti-trust laws
Investment and Securities Act 2007: Regulates investment and securities matters, relevant for structuring consortium investments and securities
Companies Income Tax Act: Governs the taxation of companies and business associations, including consortium arrangements
Nigerian Local Content Act 2010: Promotes Nigerian content in various sectors, affecting consortium composition and participation requirements
Infrastructure Concession Regulatory Commission (ICRC) Act 2005: Relevant for consortiums participating in infrastructure and public-private partnership tenders
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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