Free Teaming agreement Template for New Zealand

A Teaming agreement lets two or more companies work together on specific projects while staying legally separate. It's commonly used in New Zealand when businesses want to combine their expertise to bid on large contracts, especially in construction, IT, or government tenders.

The agreement spells out how partners will share work, resources, and profits, while protecting each company's confidential information. Unlike a joint venture, which creates a new business entity, teaming agreements are temporary partnerships that end once the project wraps up. They must comply with NZ Commerce Act rules about competitive practices and fair trading laws.

Use a Teaming agreement when your business needs specific skills or resources from another company to win a major contract. This works especially well for government tenders in New Zealand where combining expertise with another firm increases your chances of success - like pairing a local construction company with specialized engineering consultants.

The agreement becomes essential when bidding on projects that require multiple capabilities your company doesn't have in-house. It's particularly valuable for time-sensitive opportunities where forming a full joint venture would take too long, or when you need to maintain separate legal identities while collaborating on specific work.

• Prime-Sub Teaming: The most common type in NZ, where a lead company partners with subcontractors for specific project components
• Horizontal Teaming: Partners with equal status collaborate, splitting responsibilities and profits based on expertise
• Exclusive Teaming: Partners agree to work solely with each other for specific opportunities, often in specialized sectors
• Non-Exclusive Teaming: Allows partners to pursue other opportunities while collaborating on specific projects
• Project-Specific Teaming: Tailored agreements for single contracts, especially common in government procurement

• Partner Companies: The primary businesses entering the Teaming agreement, typically including both large contractors and specialist firms
• Legal Counsel: Internal or external lawyers who draft and review the agreement to ensure compliance with NZ competition laws
• Project Managers: Key personnel responsible for implementing the agreement's operational aspects
• Government Agencies: Often the end clients for whom teaming arrangements are created, especially in public sector tenders
• Industry Regulators: Bodies like the Commerce Commission who oversee competitive practices and fair trading requirements

• Project Scope: Define the specific work, timeline, and deliverables each partner will contribute
• Partner Details: Gather full legal names, addresses, and company registration numbers of all parties
• Resource Allocation: Document how staff, equipment, and intellectual property will be shared
• Financial Terms: Outline payment structures, profit sharing, and cost responsibilities
• Risk Management: Identify potential issues and include clear dispute resolution processes
• Compliance Check: Review NZ Commerce Act requirements and industry-specific regulations

• Party Identification: Full legal names, addresses, and authorized representatives of all team members
• Project Definition: Clear description of work scope, objectives, and timeline
• Role Distribution: Specific responsibilities and contributions of each party
• Confidentiality Terms: Protection of shared information and intellectual property
• Financial Structure: Revenue sharing, cost allocation, and payment terms
• Term and Termination: Duration, exit conditions, and wind-down procedures
• Dispute Resolution: NZ jurisdiction choice and conflict resolution process

A Teaming agreement differs significantly from a Business Acquisition Agreement. While both involve multiple parties working together, their purposes and outcomes are fundamentally different.

• Duration and Permanence: Teaming agreements are typically temporary, project-specific arrangements, while Business Acquisition Agreements permanently transfer ownership of a business
• Asset Control: Teaming partners maintain separate ownership of their assets and intellectual property, whereas acquisitions involve complete transfer of business assets
• Operational Independence: Teams remain legally separate entities collaborating on specific projects, but acquisitions merge operations under single ownership
• Risk and Liability: Teaming agreements share project-specific risks among partners, while acquisitions transfer all business risks to the acquiring party
• Regulatory Requirements: Teaming agreements face lighter NZ Commerce Act scrutiny compared to acquisitions, which require extensive regulatory review