A Teaming Agreement is essential when organizations wish to combine their expertise and resources to pursue business opportunities in Australia while remaining separate entities. This document is particularly relevant when bidding for large contracts, government tenders, or complex projects requiring diverse capabilities. The agreement outlines the preliminary arrangement between parties, establishing their rights and obligations, governance structure, and resource commitments. It addresses critical aspects such as confidentiality, intellectual property rights, and competition law compliance under Australian jurisdiction. The Teaming Agreement is distinct from a joint venture as it typically focuses on a specific opportunity or limited scope of collaboration rather than forming a new business entity. It needs to comply with Australian federal and state legislation, particularly the Competition and Consumer Act 2010, while providing flexibility for parties to define their collaborative relationship.
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1. Parties: Identification of all parties to the agreement
2. Background: Context of the teaming arrangement, including the target project or opportunity
3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation
4. Purpose and Scope: Detailed description of the teaming arrangement's objectives and scope
5. Term and Termination: Duration of the agreement and circumstances for termination
6. Roles and Responsibilities: Each party's specific roles, responsibilities, and contributions
7. Exclusivity and Competition: Terms regarding exclusive collaboration and competition restrictions
8. Governance: Decision-making processes, management structure, and meeting requirements
9. Confidentiality: Protection and handling of confidential information
10. Intellectual Property: Ownership and usage rights for existing and newly created IP
11. Resources and Costs: Resource allocation, cost sharing, and payment terms
12. Warranties and Representations: Basic warranties about capacity to contract and perform obligations
13. Liability and Indemnities: Risk allocation between parties and indemnification obligations
14. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution
1. Bid Preparation: Specific provisions for preparing and submitting bids when the teaming is for tender responses
2. Personnel and Secondment: Details of staff sharing arrangements when personnel are shared between parties
3. Insurance: Specific insurance requirements when parties need particular coverage
4. Export Control: Compliance with export control laws when dealing with regulated technologies or international parties
5. Security Requirements: Special security protocols when dealing with sensitive information or government contracts
6. Anti-Bribery and Corruption: Additional compliance requirements when working in high-risk sectors or with government
7. Parent Company Guarantee: Additional financial security when one party requires backing from a parent company
8. Change of Control: Specific provisions when stability of ownership is crucial to the arrangement
1. Project Scope: Detailed description of the target project or opportunity
2. Resource Schedule: Detailed breakdown of resources to be provided by each party
3. Cost Allocation: Detailed breakdown of cost sharing arrangements and budgets
4. Governance Structure: Detailed organizational structure and decision-making processes
5. Key Personnel: List of key personnel from each party and their roles
6. Background IP: Detailed list of pre-existing IP brought by each party
7. Compliance Requirements: Specific regulatory or customer compliance requirements
8. Communication Protocol: Detailed procedures for internal and external communications
Authors
Relevant legal definitions
Clauses
Relevant Industries
Defense and Aerospace
Information Technology
Construction and Infrastructure
Energy and Resources
Healthcare and Life Sciences
Professional Services
Manufacturing
Research and Development
Telecommunications
Government Services
Engineering Services
Education and Training
Relevant Teams
Legal
Commercial
Business Development
Operations
Finance
Procurement
Risk and Compliance
Project Management Office
Technical Services
Strategy
Business Affairs
Corporate Development
Relevant Roles
Chief Executive Officer
Commercial Director
Legal Counsel
Business Development Manager
Project Director
Contract Manager
Bid Manager
Operations Director
Chief Financial Officer
Procurement Manager
Alliance Manager
Partnership Director
Risk Manager
Compliance Officer
Technical Director
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