consortium agreement
amit
(Querist) 31 July 2009
This query is : Resolved
A V Vishal
(Expert) 31 July 2009
Your query is incomplete, please tell which consortium agreementdo you require
amit
(Querist) 31 July 2009
Actually the thing is that, my client wants to bid for a tender but he lack certain thing like minimum experience etc...
So for that he want to conclude a consortium agreement with an entity who has that much experience/ expertise in that particular filed..
A V Vishal
(Expert) 31 July 2009
Amit
The type of agreement required by you requires for a speciallized attorney to draft and vet the document, based on the requirements of your clients, it would be unwise to try and draft it on basis of the format provided by me. What is provided is a general format with general clauses which would appear in the consortium agreement.
CONSORTIUM AGREEMENT
This Consortium Agreement executed on this…………. Day of…………….. between
M/s………………….………., a company incorporated under the law of ----- and having its
registered/principal office at………………………….……………………. (herein after called the
`Partner-I’/ `Lead Partner’ which expression shall include its successors, executors and permitted assigns)
and M/s………………………………. ……………………………., a company incorporated under the laws of ------ and having its registered/ principal office at……………………………..………………. (herein after called the `Partner – II’/ `Second Partner’
(which expression shall include its successors, executors and permitted assigns)
and
M/s………………………………. ……………………………., a company incorporated under the laws of ------ and having its registered/ principal office at
……………………………..………………. (herein after called the `Partner – III’/ `Third Partner’
(which expression shall include its successors, executors and permitted assigns),
for the purposes of submission a pre-qualification bid (hereinafter called “PQ Bid”) and submitting the final bid in case of being pre-qualified in response to Owner’s Pre-qualification document
(hereinafter called PQ document) no. ………….. ………………………….. and entering into a
contract in case of award for the work of …………………(Name of work)………………………for
…………… (name of project) of M/s………………………….. (herein after called the `Owner’).
WHEREAS, the Owner invited PQ bids vide its PQ document no. …………………… for the
work of ………………………………………………………….
AND WHEREAS as per PQ document, Consortium bids will also be considered by the Owner
provided they meet the specific requirements in that regard.
AND WHEREAS the PQ bid is being submitted to the Owner vide proposal dated …………
based on the Consortium Agreement being these presents and the PQ bid with its PQ bid forms and submission documents, in accordance with the requirement of PQ document conditions and requirements have been signed by all the partners and submitted to the Owner.
NOW THIS INDENTURE WITNESSETH AS UNDER:
In consideration of the above premises and agreements all the partners to this Consortium do hereby now agree as follows:
1. We the partners in the Consortium hereby confirm that the name and style of the Consortium shall be…………….. Consortium.
2. In consideration of the PQ bid submission by us to the Owner, pre-qualification of our bid by the Owner if considered acceptable, submission of main bid by us and the award of contract by the Owner to the Consortium (if selected by the Owner), we the partners to the Consortium, hereby agree that the Partner – I (M/s………… ) shall act as the lead
partner for self, and for and on behalf of Partner – II and III and further declare and confirm that we shall jointly and severally be bound unto the Owner for execution of the contract in accordance with the contract terms and shall jointly and severally be liable to the Owner to perform all contractual obligations including technical guarantees. Further,
the Lead Partner is authorized to incur liabilities and receive instructions for and on behalf of any or all partners of the CONSORTIUM.
3. The Lead Partner shall be solely responsible for Project Management of works.
4. In case of any breach of the said Contract by any of the partners of the CONSORTIUM, we hereby agree to be fully responsible for the successful execution/ performance of the Contract in accordance with the terms of the Contract.
5. Further, if the Owner suffered any loss or damage on account of any breach of the
Contract or any shortfall in the completed equipment/ plant, meeting the guaranteed
performance parameters as per t
