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Consortium Agreement For Tender

Consortium Agreement For Tender Template for Netherlands

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Key Requirements PROMPT example:

Consortium Agreement For Tender

"I need a Consortium Agreement For Tender for three Dutch companies (engineering, construction, and technology) jointly bidding on a government infrastructure project, with specific emphasis on risk sharing and intellectual property protection."

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Document background
A Consortium Agreement For Tender is essential when multiple organizations wish to combine their expertise and resources to bid for large-scale projects in the Netherlands. This document is particularly relevant for complex tenders where no single company possesses all the required capabilities or wishes to share the associated risks. The agreement, governed by Dutch law and compliant with EU procurement directives, establishes the framework for collaboration, defining each party's contributions, decision-making processes, and liability arrangements. It includes crucial provisions for confidentiality, exclusivity, and intellectual property rights, while ensuring compliance with Dutch competition law. The document typically covers both the tender preparation phase and conditional arrangements for project execution if the tender is successful, making it a foundational document for any joint bidding effort.
Suggested Sections

1. Parties: Identification of all consortium members with full legal names, registration details, and authorized representatives

2. Background: Context of the tender opportunity, reason for forming the consortium, and brief description of each party's expertise

3. Definitions: Definitions of key terms used throughout the agreement, including 'Tender', 'Project', 'Confidential Information', etc.

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

5. Consortium Structure: Legal structure of the consortium, including lead member designation and roles of each party

6. Responsibilities and Contributions: Specific responsibilities of each consortium member, including technical, financial, and resource contributions

7. Decision Making: Procedures for consortium decision-making, voting rights, and management structure

8. Costs and Financial Arrangements: Distribution of tender preparation costs and future project costs if successful

9. Confidentiality: Obligations regarding confidential information, including tender documents and member proprietary information

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

11. Liability and Indemnification: Distribution of liabilities and indemnification obligations between consortium members

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

13. Governing Law and Dispute Resolution: Application of Dutch law and procedures for resolving disputes

14. General Provisions: Standard clauses including notices, amendments, severability, and entire agreement

Optional Sections

1. Intellectual Property Rights: Required when consortium members will share or develop IP during tender preparation or project execution

2. Insurance: Needed when specific insurance requirements are part of the tender or risk management strategy

3. Bank Guarantees: Include when tender requires submission of bid bonds or performance guarantees

4. Post-Award Arrangements: Detailed provisions for consortium operation if tender is won, including project company formation

5. Staff and Personnel: Include when specific key personnel commitments are required for the tender

6. Anti-Corruption and Compliance: Required for public tenders or when dealing with government entities

7. Force Majeure: Include when long-term collaboration is anticipated post-tender award

8. Step-In Rights: Needed when consortium members want rights to take over others' obligations in case of default

Suggested Schedules

1. Schedule 1 - Member Contributions: Detailed breakdown of each member's technical and financial contributions

2. Schedule 2 - Tender Requirements: Key tender requirements and responsibility matrix

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

4. Schedule 4 - Project Timeline: Timeline for tender preparation and submission

5. Schedule 5 - Consortium Management Structure: Organizational chart and detailed management procedures

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

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

8. Appendix C - Pre-Existing IP: List of relevant intellectual property owned by each member

9. Appendix D - Form of Bank Guarantee: Template for required financial guarantees

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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

Construction

Infrastructure

Energy

Technology

Healthcare

Transportation

Maritime

Defense

Telecommunications

Urban Development

Renewable Energy

Water Management

Oil & Gas

Relevant Teams

Legal

Commercial

Business Development

Procurement

Risk Management

Finance

Operations

Project Management

Technical

Compliance

Strategy

Bid Management

Relevant Roles

Chief Executive Officer

Managing Director

Legal Counsel

Tender Manager

Business Development Director

Project Director

Commercial Manager

Risk Manager

Procurement Manager

Contract Manager

Chief Financial Officer

Operations Director

Technical Director

Bid Manager

Alliance Manager

Compliance Officer

Strategy Director

Industries








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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