——— question: “6th resignation. 6.2. Why do we need the agreement of the SKA organization to terminate a member? » Answer: Clause 6.2 concerns the termination of the contract in its entirety and not just the termination of a particular member`s participation. Successful delivery of work packages assumes that unionized consortia are not free to unilaterally terminate their delivery obligations. Clause 6.1 concerns the termination of the participation of a single member. Since all members of the consortium are considered by the SKA organisation as an important role in the successful implementation of the working package, the agreement of the SKA organisation should be obtained before the members terminate the contractual obligations of another member. [CA]. ——— question: “Given that we have not seen an `other` support agreement for CA, does SKAO expect CA to be the only `delivery` agreement? If so, do you expect a review to be published shortly, instead of each consortium establishing an independent review? » Answer: The MoU (including the declaration of work) will be the only supply agreement between the SKA organization and the consortium members. [MoU]. The SKA organization will ask the members of the consortium to conclude agreements among themselves defining the detailed distribution of competences and other aspects that govern their mutual relations. The SKA organization is not a party to such agreements. [CA].
Comments on the draft consortium agreement, published as part of the RfP documentation, indicate that several proposed consortia have used this project as a basis for their own CAs. Consortia should enter into negotiations with the SKA organisation prior to the agreement and implementation of their CA and, therefore, that the declarations of intent of the consortium members and between them must be concluded in order to ensure safety prior to the execution of the CA. [CA]. Consortium Agreement (“CA”). The SKA organization will ask the members of the consortium to conclude agreements among themselves defining the detailed distribution of competences and other aspects that govern their mutual relations. Feedback on the CDA indicates that several proposed consortia have used this document as a basis for their own CAs. The CAs templates developed by these proposed consortia are available here – CA1 template and CA2 template – and can be used/modified if necessary. The SKA organization will not be a party to the CSA, but these agreements will fully dispose of it. Memorandum of Understanding (“MoU”). The MoU will ensure an appropriate relationship between the SKA organisation and the consortium members; It defines its respective roles and obligations, including all commitments (as set out in the working package specifications) and the formal adoption by consortium members of the SKA IP Directive. The moU project is available here – MoU (pdf) / MoU (docx).
The SKA organization will be a soft party. A page on the SKA website will be created to receive and respond to questions and comments about the MoU. ——— question: “We are surprised that the draft consortium agreement is not a delivery-oriented agreement between the parties – the consortium (as `seller`) and SKAO (as `customer`) – to provide the xxxx (`product`) working package). Answer: The Memorandum of Understanding is a supply-oriented agreement, with specific services adapted to the work package and defined in the attached specifications. . . .