This Joint Bidding Agreement is between two or more contractors where they team
together to jointly bid on a construction project. The agreement sets forth how the bid
will be prepared and how liabilities and responsibilities between parties would be
divided. It appoints one contractor as the team leader and the others as team
members. This document contains numerous standard provisions that are commonly
included in these types of agreements, and it may be customized to fit the specific
needs of the contracting parties. This should be used when multiple contractors agree
to jointly bid on a project.
JOINT BIDDING/TEAMING AGREEMENT
THIS Joint Bidding Agreement (hereinafter this “Agreement”) is made and entered into this
____ day of _________________, 20___, by and between the following parties:
1. _______________________, with a business address at _____________________
(hereinafter referred to as “Team Leader”);
2. _______________________, with a business address at _____________________
(hereinafter referred to as “Team Member”); and
3. _______________________, with a business address at _____________________
(hereinafter referred to as “Team Member”)
DEFINITIONS:
In this Agreement, the following terms shall mean:
“Team Leader” shall mean the Prime Contractor for the Proposal; “Team Member” shall mean
the Subcontractor which Prime Contractor has contracted with for ____________________
[Instructions: Insert nature of services to be proposed] to the Agency; “Solicitation” shall mean
the request issued by an Agency seeking a Proposal from Team Leader for a specific project;
“Proposal” shall mean Team Leader’s response to the Solicitation; and “Agency” shall mean the
party who issues the Solicitation.
RECITALS:
WHEREAS, __________________________ (hereinafter called the “Agency”) has issued or is
planning to issue a solicitation (hereinafter called the “Solicitation”) for _______________
(name of Project) (the “Project”); and
WHEREAS, the Team Leader and the Team Members, (hereinafter called the “Parties”),
because of their diverse capabilities, have determined that they would benefit from a Agreement
for the purpose of competitively responding to the Solicitation, in order to develop the best
technical and management approaches fully responsive to the requirements of the Agency; and
WHEREAS, the Parties each herby certify and represent to each other their ability to provide
their share of finances, personnel, equipment and supervision to complete the Project in the event
they are the successful bidder and to sustain and pay for any losses that may be incurred; and
WHEREAS, If the Proposal is selected, Team Leader will enter into an agreement (“Prime
Contract”) with the Agency to provide the products and services as set out in the Proposal, and
Team Leader will enter into a Subcontract (“Subcontract”) with the Team Members to provide
products and services as contemplated in the jointly-prepared Proposal to Agency; and
WHEREAS, the Team Leader, if it receives the contract proposed by the Solicitation would be
solely responsible for project management and contract performance, and would Subcontract
portions of the contract work to the Team Members ; and
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WHEREAS, the Parties wish to enter into this Agreement to set forth more fully the terms and
conditions pursuant to which the Parties will respond to the Solicitation and the Team Leader
will perform any contract(s) resulting therefrom; and
WHEREAS, Neither of the parties shall enter into any other collaboration, teaming or similar
arrangement with other individuals or entities to provide the same or similar Work with respect
to the Project as are to be provided by the other. However, Team Leader may enter into
agreements with other individuals or entities to serve as Team Members to Team Leader for
products or services other than those to be provided by this Agreement.
NOW, THEREFORE, in consideration of these premises, and in express reliance upon the
mutual promises and covenants contained herein, the Parties here agree as follows:
I. Proposal Preparation
1.1 The Parties shall use their best efforts to prepare a competitive Proposal in response to the
Solicitation for submission to the Agency.
1.2 The Team Members shall submit to the Team Leader data and information concerning its
share of the proposed contract including a proposed price, for use in Proposal preparation. The
Team Members shall make available appropriate and high quality personnel to work on the Team
Member's portion of the competitive Proposal, and shall provide reasonable assistance to the
Team Leader in preparation of the competitive Proposal.
1.3 The Team Leader shall prepare the competitive Proposal, integrate the information provided
by the Team Members, and submit the competitive Proposal to the Agency. The Team Leader
shall include in the competitive Proposal the Team Member's proposed price for the Team
Member's share of the contract proposed by the Solicitation. The Team Leader has responsibility
for the content of the competitive Proposal and agrees to consult with the Team Members, before
submission of the competitive Proposal to the Agency, on all matters concerning the Team
Member's