Bidding Agreement/Teaming Agreement (B138)

Who can use this Bidding/Teaming Agreement?

Any two parties who are bidding for a contract together can use this Bidding Agreement/Teaming Agreement.

What is this contract for?

This Bidding Agreement (Teaming Agreement in the USA) sets out the basis upon which two parties will co-operate together to bid for a contract.  Our agreement assumes that one party will lead the tender.  The other party will provide support and, if the tender is successful, it will be appointed as a subcontractor for the project on terms already agreed between the two parties

What are the main issues?

Cooperation and transparency is important for both parties to collaborate in preparing the tender.  While one party will lead the bid with the potential client, it will keep the other party fully informed.  In particular, neither party will make any commitment that might affect that other party without its consent. Nor will the lead member  submit the tender  without both of them agreeing the terms.

Subcontract terms.  The bidding team will agree the basic principles including subcontract price and scope of work before submitting the tender  and the bidding agreement will deal with these issues. They will only finalise the subcontract  if the tender is successful.

 Duration and Restrictions.  The bidding agreement will specify when it comes to an end – this could be when the tender is awarded to the team or when it is awarded to a third party.  While the agreement remains in place, neither party will be allowed to submit its own bid or join another tendering team.

Confidentiality is a standard requirement in many agreements but, this is especially important when in a tendering process.

What detailed terms does the contract contain?

The main points cover:

• co-operation
• submission of tender & pre-contract negotiations
• tender preparation costs
• subcontract
• further agreement
• duration
• confidentiality
• obligations and restrictions
• assignment
• governing law and disputes

Use this legal document template when you want your company to co-operate with another company in bidding for a contract, to clarify the terms of your relationship.

For more information on each of these sections, see our Explanatory Notes  which you will receive when you download the document from our website.

For information on signing documents see our Contract Signing page

When I download the document, can I change it and/or use it more than once?

Yes, all ContractStore’s templates are in MS Word and you can use the contract on more than one project. For more information, watch the video on this page of our website or see our FAQs

Legal support

ContractStore supplies templates and is not a law firm.  But experienced lawyers write all our templates, so we can arrange legal assistance for customers who need special terms in one of our documents or a bespoke template. . For more information see our Legal Services page.  For more information see our Legal Services page.

Contract Author – Giles Dixon

And if you want to contact us see our Contacts page.