The Consortium Agreement For Tender is essential when multiple companies wish to combine their expertise, resources, and capabilities to bid for substantial projects in Hong Kong. This document type is particularly crucial for large-scale tenders where single companies may not possess all required qualifications or capacity. Operating under Hong Kong's common law system, it establishes the consortium's governance structure, defines members' roles and responsibilities, allocates risks and rewards, and ensures compliance with local procurement and competition laws. The agreement typically includes provisions for tender preparation, cost sharing, confidentiality, and post-award scenarios, while incorporating specific requirements of Hong Kong's legal framework regarding joint bidding and consortium arrangements.
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1. Parties: Identification of all consortium members with full legal names and registered addresses
2. Background: Context of the tender opportunity and purpose of forming the consortium
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope and Purpose: Detailed description of the tender opportunity and consortium's objectives
5. Consortium Structure: Leadership, roles, and organizational structure of the consortium
6. Members' Obligations: General and specific responsibilities of each consortium member
7. Lead Member Responsibilities: Special duties and powers of the lead member in representing the consortium
8. Tender Preparation: Process and responsibilities for preparing and submitting the tender
9. Cost Sharing: Allocation of costs related to tender preparation and consortium operations
10. Confidentiality: Protection of confidential information shared within the consortium
11. Exclusivity: Commitment not to participate in competing bids for the same tender
12. Decision Making: Voting rights and decision-making procedures within the consortium
13. Liability and Indemnification: Risk allocation and mutual indemnification among members
14. Term and Termination: Duration of the agreement and circumstances for termination
15. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction
16. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Success Fee Arrangements: Used when members agree to success-based compensation upon winning the tender
2. Intellectual Property Rights: Include when significant IP will be shared or created during tender preparation
3. Bank Guarantee Requirements: Include when tender requires submission of bank guarantees or bonds
4. Post-Award Project Execution: Include when agreement extends to project execution phase if tender is won
5. Multiple Tender Provisions: Include when consortium agreement covers multiple tender opportunities
6. Local Content Requirements: Include when tender has specific local content or participation requirements
7. Dispute Resolution: Detailed dispute resolution procedures beyond standard jurisdiction clause
8. Insurance Requirements: Include when specific insurance coverage is required for tender submission
1. Schedule 1 - Member Details: Detailed information about each consortium member including contact persons
2. Schedule 2 - Scope of Work: Detailed breakdown of work packages and member responsibilities
3. Schedule 3 - Cost Allocation: Detailed breakdown of cost sharing arrangements and payment procedures
4. Schedule 4 - Tender Requirements: Key tender requirements and compliance responsibilities
5. Schedule 5 - Power of Attorney: Authorization for lead member to act on behalf of consortium
6. Schedule 6 - Technical Resources: List of technical resources committed by each member
7. Schedule 7 - Financial Commitments: Details of financial commitments and guarantees from each member
8. Appendix A - Meeting Procedures: Detailed procedures for consortium meetings and decision-making
9. Appendix B - Communication Protocol: Protocol for internal and external communications
Authors
Relevant legal definitions
Clauses
Relevant Industries
Infrastructure Development
Construction
Information Technology
Telecommunications
Transportation
Energy and Utilities
Healthcare Infrastructure
Public Works
Defense Contracting
Environmental Services
Smart City Development
Manufacturing
Real Estate Development
Relevant Teams
Legal
Commercial
Business Development
Procurement
Finance
Risk Management
Operations
Technical
Compliance
Project Management
Bid Management
Strategic Partnerships
Relevant Roles
Chief Executive Officer
Managing Director
Project Director
Legal Counsel
Contract Manager
Business Development Director
Tender Manager
Commercial Director
Chief Financial Officer
Operations Director
Risk Manager
Procurement Manager
Technical Director
Bid Manager
Partnership Manager
Compliance Officer
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