The Consortium Agreement For Tender is essential when multiple organizations wish to collaborate in bidding for significant projects under Swiss jurisdiction. This document is particularly crucial when single organizations lack the complete capabilities, resources, or qualifications required for a tender. It ensures compliance with Swiss public procurement laws while defining the internal organization of the consortium, including decision-making processes, resource allocation, and risk distribution. The agreement typically becomes relevant for large-scale public or private tenders where combined expertise and resources enhance competitiveness. It must address specific Swiss legal requirements regarding joint bidding, competition law, and liability arrangements, while providing flexibility to accommodate various tender requirements and industry-specific needs.
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1. Parties: Identification and details of all consortium members
2. Background: Context of the tender opportunity and purpose of forming the consortium
3. Definitions: Key terms used throughout the agreement
4. Scope and Purpose: Detailed description of the tender opportunity and consortium objectives
5. Formation of Consortium: Legal basis of the consortium and its establishment under Swiss law
6. Consortium Governance: Management structure, decision-making processes, and voting rights
7. Roles and Responsibilities: Specific duties and contributions of each consortium member
8. Financial Arrangements: Cost sharing, payment terms, and financial obligations
9. Tender Preparation and Submission: Process for preparing and submitting the tender, including responsibilities and timelines
10. Confidentiality: Protection of confidential information and trade secrets
11. Liability and Indemnification: Joint and several liability provisions and indemnification obligations
12. Term and Termination: Duration of the agreement and termination provisions
13. Dispute Resolution: Procedures for resolving disputes under Swiss law
14. General Provisions: Standard legal provisions including notices, amendments, and governing law
1. Intellectual Property Rights: Provisions for IP ownership and licensing when significant IP is involved in the tender
2. Insurance: Specific insurance requirements when required by the tender or risk profile
3. Bank Guarantees: Requirements for performance bonds or other financial guarantees if required by the tender
4. Sub-contracting: Rules for engaging subcontractors if allowed under the tender
5. Competition Restrictions: Non-compete provisions when members operate in similar markets
6. Post-Award Provisions: Arrangements that take effect if the tender is successful
7. Change in Consortium Membership: Procedures for adding or removing members if allowed by tender terms
1. Schedule 1 - Member Contributions: Detailed breakdown of each member's technical, financial, and resource contributions
2. Schedule 2 - Consortium Structure: Organizational chart and management structure
3. Schedule 3 - Work Allocation: Detailed division of responsibilities for tender preparation
4. Schedule 4 - Cost Allocation: Breakdown of cost sharing and budget allocation
5. Schedule 5 - Timeline: Key dates and milestones for tender preparation and submission
6. Appendix A - Tender Requirements: Copy or summary of the tender requirements and specifications
7. Appendix B - Power of Attorney: Authorization for consortium leader to act on behalf of the consortium
8. Appendix C - Members' Corporate Documents: Relevant corporate authorizations and registrations
9. Appendix D - Communication Protocol: Procedures for internal and external communications
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