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Domain Names
Published on 12-Aug-12 12:45
By Gavin Tosh

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Collaborative Tendering: the Unsolicited Proposal
Published on 30-Jul-12 12:25
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'Clairvoyant Correspondence'
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Why have a Shareholder Agreement? Part 5
Published on 11-Jun-12 13:15
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Home » Awareness » Getting Business » Collaborative Tendering: Part 5

Collaborative Tendering: Part 5

The Teaming Agreement 

Having discussed in the last article why a Teaming Agreement is a good idea, this article will focus on what issues  a Teaming Agreement might address.

 Some of the key Teaming Agreement provisions would usually include:-

  • Confidentiality
  • Responsibilities – especially who will be leader
  • Communications with the customer
  • Prohibition on independent bidding
  • Publicity – release of publicity without prior agreement
  • Dispute resolution
  • Assignation (transfer of rights & obligations to another party)without agreement
  • Termination – in what circumstances would the agreement come to an end? 

In addition to these, members of the group may wish to have certain duties and responsibilities discussed and then incorporated into the Agreement which reflect their different perspectives. The team leader would have to be entrusted with being the ‘face’ of the group with the customer but there may be stipulations as to when he can act unilaterally and when prior agreement of the other team members must be obtained.

 The team leader has responsibilities to the rest of the group but the rest of the group also have responsibilities to pull their weight.  Thus the Teaming Agreement may include obligations on the other team members to:-

 respond promptly to all questions/requests from the team leader

  • provide all certification and documentation required by the tender
  • participate - as deemed necessary - in negotiations, discussions, and other communications with the Customer (but no communication without the prior express approval of the team leader)
  • Allow the team leader to have the final say in the format/content of proposal;(also prices?) 

Whereas the obligations specifically on the Team Leader could include:- 

  • consultation before changing tender details
  • no commitments of others without prior consent
  • timely transmission of tender documents & any amendments received from the customer
  • keeping team members fully informed
  • responding promptly to any questions/queries from the customer

Nothing in this awareness article is intended as legal advice. If you have a specific legal requirement or query you should consult a solicitor directly.