09-10046330 Consortial declaration form.docx

Tender number: 10046330

1. Declaration by the candidate/bidding consortium

We, the members of the candidate/bidding consortium, comprising

Authorised representative:

Other members:

resolve, should the contract be awarded to us, to form a consortium and undertake to contribute our full (entrepreneurial) capacity in promotion of the purpose of the consortium and in performance of this present contract and to provide each another with mutual support. The members of the consortium shall be jointly and severally liable for the performance of the project.

1. Should the contract be awarded to us, the members of the consortium hereby declare the following:

Postal address of the consortium:

Email address of the consortium

Consortium bank details:

Account holder:

Bank:

IBAN:

BIC:

The client shall effect all payments resulting from this agreement irrespective of existing regulations regarding power of attorney with the effect of a discharge vis-à-vis the consortium to the above account. The written agreement of all parties affected must be obtained before any deviation can be made from this rule.

1. The member designated as authorised representative in Section 1 shall be entrusted with the task of general coordination of the consortium. They shall be the sole representative of the consortium vis-à-vis the client and third parties. Any restrictions to this power of attorney that may result from the consortium contract between the participating members shall be invalid vis-à-vis the client and third parties.
2. The power of attorney may only be revoked or withdrawn, and the consortium terminated, for important reasons.

Important reasons shall include above all the intentional or grossly negligent violation of major obligations under the terms of the consortium contract, the impossibility of performance of an obligation of this sort and serious breaches of trust (cf. sections 712 and 723 of the German Civil Code (BGB)).

1. Legally binding declarations with effect for and against the consortium shall be made to the member of the consortium responsible for general coordination.

Should the power of attorney be revoked or withdrawn or should there be uncertainty as to the continued power of attorney, these declarations shall be sent to the postal address of the consortium as given; they shall then be deemed to have been received by the consortium.

The client shall only consider the revocation or withdrawal of the power of attorney as proven if, in the case of a consortium with more than two members in accordance with section 715 BGB in conjunction with section 712 BGB, the written decision by the consortium is submitted to it or, in the case of a consortium with two members, evidence is provided that the written revocation or the written declaration of withdrawal has been received by the member affected.

1. The obligation to perform this present contract shall not be affected by the dissolution of the consortium. The members originally participating in the consortium shall be jointly and severally liable for the performance of these obligations; the same shall apply should they withdraw from the consortium. Legally significant facts and events shall have an effect for and against all members of the consortium (cf. sections 422-425 BGB).
2. Should the consortium be dissolved or should one member of the consortium inform the client that it has withdrawn from the consortium or that the consortium has been terminated, this shall entitle the client to terminate this present contract pursuant to section 4.3 of the General Terms and Conditions of Contract for supplying services and work on behalf of the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH.

In the case outlined above, the consortium shall be deemed to be responsible for the reason for termination (Section 4.3.2 of the General Terms and Conditions of Contract).