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Consortium Agreement For Tender
"I need a Consortium Agreement for Tender for a joint venture between my Indonesian construction company and two international firms (from Singapore and Japan) to bid on a major infrastructure project in Jakarta, with specific provisions for local content requirements and a clear 40-30-30 work share split."
1. Parties: Identification of all consortium members with their full legal names, registration numbers, and addresses
2. Background: Context of the agreement, including tender details and reason for consortium formation
3. Definitions: Definitions of key terms used throughout the agreement
4. Purpose and Scope: Detailed description of the consortium's purpose and scope of collaboration
5. Consortium Structure: Organization of the consortium, including lead member designation and management structure
6. Roles and Responsibilities: Specific duties and obligations of each consortium member
7. Financial Arrangements: Cost sharing, profit distribution, and financial obligations of members
8. Tender Participation: Procedures and responsibilities related to tender preparation and submission
9. Decision Making: Process for making consortium decisions and voting rights
10. Confidentiality: Protection of confidential information shared within the consortium
11. Liability and Indemnification: Assignment of liabilities and indemnification obligations
12. Term and Termination: Duration of the agreement and conditions for termination
13. Dispute Resolution: Procedures for resolving disputes between consortium members
14. Governing Law: Specification of Indonesian law as governing law and jurisdiction
15. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Intellectual Property Rights: Required when consortium members bring or develop IP during the tender process
2. Bank Guarantee Arrangements: Needed when tender requires submission of bank guarantees
3. Local Content Requirements: Include when tender involves local content obligations
4. Foreign Partnership Provisions: Required when consortium includes foreign members
5. Insurance Requirements: Include when specific insurance coverage is needed for tender
6. Anti-Corruption Compliance: Detailed compliance procedures when working with government tenders
7. Change in Consortium Composition: Procedures for adding or removing members if allowed by tender terms
8. Performance Security: Include when tender requires performance security arrangements
1. Schedule 1 - Member Contributions: Detailed breakdown of each member's technical and financial contributions
2. Schedule 2 - Work Allocation: Specific division of work and responsibilities among members
3. Schedule 3 - Consortium Management Procedures: Detailed procedures for day-to-day management
4. Schedule 4 - Tender Requirements: Copy or summary of key tender requirements
5. Schedule 5 - Financial Protocol: Detailed financial procedures and arrangements
6. Appendix A - Power of Attorney: Authorization for lead member to act on behalf of consortium
7. Appendix B - Member Qualifications: Technical and financial qualifications of each member
8. Appendix C - Communication Protocol: Procedures for internal and external communications
9. Appendix D - Key Personnel: List of key personnel from each member assigned to the project
Authors
Infrastructure Development
Construction
Energy and Resources
Transportation
Telecommunications
Healthcare Infrastructure
Water and Waste Management
Mining
Oil and Gas
Public Works
Technology Implementation
Defense Contracting
Legal
Business Development
Commercial
Procurement
Risk Management
Finance
Operations
Strategy
Compliance
Project Management
Tender Management
Chief Executive Officer
Managing Director
Business Development Director
Legal Counsel
Contract Manager
Tender Manager
Project Director
Commercial Manager
Risk Manager
Chief Financial Officer
Operations Director
Partnership Manager
Procurement Manager
Compliance Officer
Strategy Director
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