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Pre Bid Joint Venture Agreement

Pre Bid Joint Venture Agreement Template for Switzerland

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Key Requirements PROMPT example:

Pre Bid Joint Venture Agreement

"I need a Pre-Bid Joint Venture Agreement under Swiss law for a collaboration between a German construction company and a Swiss engineering firm to bid on a major infrastructure project in Geneva, with special attention to local content requirements and a planned bid submission date of March 2025."

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Document background
The Pre-Bid Joint Venture Agreement is essential for organizations planning to collaborate on significant project bids in Switzerland or internationally under Swiss law. This document is particularly crucial when multiple parties need to combine their expertise, resources, or credentials to meet complex tender requirements. It establishes the groundwork for temporary collaboration while protecting each party's interests during the bid preparation phase. The agreement addresses key aspects such as exclusivity, resource commitment, cost sharing, and confidentiality, while ensuring compliance with Swiss legal requirements, including the Code of Obligations and competition laws. It also typically includes provisions for converting the pre-bid arrangement into a full joint venture agreement if the bid is successful, making it a vital stepping stone in major project acquisitions.
Suggested Sections

1. Parties: Identification of the joint venture partners with full legal names and registered addresses

2. Background: Context of the potential project, reason for collaboration, and brief description of each party's expertise

3. Definitions: Definitions of key terms used throughout the agreement

4. Purpose and Scope: Detailed description of the tender/project being pursued and scope of the pre-bid collaboration

5. Exclusivity: Commitment of parties not to participate in competing bids for the same project

6. Responsibilities and Contributions: Division of pre-bid tasks, resource commitments, and cost-sharing arrangements

7. Decision Making: Governance structure and decision-making process during the bid preparation

8. Confidentiality: Protection of confidential information exchanged during bid preparation

9. Intellectual Property: Ownership and usage rights of IP brought in or created during bid preparation

10. Costs and Expenses: Allocation of bid preparation costs and expense sharing mechanism

11. Duration and Termination: Term of the pre-bid agreement and circumstances for early termination

12. Successful Bid Provisions: Framework for converting to full joint venture agreement if bid is successful

13. Governing Law and Jurisdiction: Swiss law as governing law and jurisdiction for dispute resolution

14. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement

Optional Sections

1. Bank Guarantee Requirements: Required when bid security or performance guarantees need to be arranged jointly

2. Local Partner Requirements: Needed when project requires local partnership or specific local content requirements

3. Tax Structure: Include when specific tax planning is required for the bid structure

4. Insurance: Required when specific insurance coverage needs to be arranged for bid submission

5. Compliance with Anti-Corruption Laws: Detailed section required for public tenders or when dealing with government entities

6. Parent Company Guarantees: Include when parent company support is required for bid qualification

7. Step-in Rights: Required when parties want to address potential default scenarios during bid phase

Suggested Schedules

1. Schedule 1 - Bid Preparation Timeline: Detailed timeline for bid preparation activities and responsibilities

2. Schedule 2 - Cost Allocation Matrix: Detailed breakdown of pre-bid costs and their allocation between parties

3. Schedule 3 - Resource Commitment Schedule: List of personnel and resources each party commits to bid preparation

4. Schedule 4 - Technical Qualifications: Combined technical qualifications and experience of the parties

5. Schedule 5 - Financial Qualifications: Combined financial credentials and capacity of the parties

6. Schedule 6 - Draft Full JV Agreement: Framework agreement to be implemented if bid is successful

7. Schedule 7 - Communication Protocol: Procedures for internal and external communications during bid preparation

8. Appendix A - Power of Attorney: Authorization for bid submission and representation

9. Appendix B - Confidentiality Agreement: Detailed NDA terms if separate from main agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions



















































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Relevant Industries

Construction

Infrastructure

Energy

Transportation

Defense

Technology

Healthcare

Manufacturing

Mining

Telecommunications

Renewable Energy

Public Works

Real Estate Development

Industrial Projects

Aerospace

Relevant Teams

Legal

Business Development

Commercial

Project Management

Risk Management

Corporate Development

Finance

Operations

Strategy

Procurement

Compliance

Joint Venture Management

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Business Development Director

Project Director

Commercial Director

Legal Counsel

Contract Manager

Bid Manager

Commercial Manager

Risk Manager

Joint Venture Manager

Strategic Partnership Director

Chief Financial Officer

Operations Director

Procurement Manager

Corporate Development Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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