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.
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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
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
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
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