Consortium Agreement Pdf South Africa

After initial reactions to the publication of the RFP, of which the DCA was a member, it became apparent that not all potential respondents fully understood the objectives of the CAD outlined above. For example, feedback has been received that the DCA should play the role of the aforementioned bilateral and/or multilateral agreements. This was not the intention of the SKA organization, but feedback is considered valuable to inform the recommended content and format of such bilateral and/or multilateral agreements. In the future, references to the consortium agreement relate to the bilateral and/or multilateral agreement between the members of the consortium to which SKA Organisation has not joined. It is now expected that the SKA organization and the members of the consortium, in place of the DCA, will launch a less prescriptive Memorandum of Understanding (MOU) to define the relationship between these parties. ——— question: “Planning 4 – Working Statement. Is this project a model agreement to be included in the response or an agreement to be reached after the evaluation of the response during the negotiation phase? “Schedule 4,” under the title “Statement of Work.” By signing the agreement, all contracting parties, including the SKA organization, will confirm that they will execute the work statement. As a potential signatory, SKA should comment on the statement of work and confirm that it is satisfied before it is presented. It is difficult to imagine how the SKA organization could do so if, once presented, it will be the main evaluator of the working statement. Answer: It is expected that the proposed consortium members will include a Memorandum of Understanding to assure each other of their contribution to the work package until the Ca U and MoU are executed. The declaration of work will be negotiated between the SKA organization and the proposed consortium members and the protocol will be signed once these negotiations have been concluded. Consortium members must complete their certification body before the protocol is signed. [CA/MOU].

——— question: “8. Responsibility. 8.2c. What should be done under the responsibility of one party vis-à-vis the other parties? Answer: Consortium members may include provisions in their CAs relating to their potential commitments. Overall liability refers to the maximum overall liability of a party for all claims arising from the agreement. Consortium members are free to define and/or clarify issues they deem appropriate for their certification body. (2) Simplicity Compared to a joint venture, a consortium is very simple. It`s not an entity, it`s just an agreement like an ALS. It can be changed quickly during the tender and expires after the contract/offer at no additional fees or titles.

——— question: “5. Responsibilities. 5.2g. If SKAO interacts directly with members of the consortium other than the Lead Institute, the objective of a leading institution and a coherent consortium structure will be undermined.” Answer: Agreed. The MOU establishes a single point of contact between the SKA organisation and each consortium. [MoU]. However, the SKA organization is free, at its sole discretion, to interact directly with all members of the consortium and to participate as an observer in the consortium committee meetings. ——— question: “The organisation of the head of the consortium must be located in one of the Member States in its own right in order to guarantee, without cash flow, a (indirect) governance mechanism for the SKA board of directors.

We did not see that this had been explicitly done in the draft agreement (and in the draft RfP document, if there was no agreement). Answer: SKA agrees that the main members of the consortium must reside in a full member country. The MoU states that this is the case. [MoU]. Letter of Intent (“LoI”). Consortia should enter into negotiations with the SKA organization before their certification body is agreed and executed, and a law is entered into by and between consortium members so that it can be completed before the certification body is completed.