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Pre Bid Joint Venture Agreement

Pre Bid Joint Venture Agreement Template for South Africa

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Key Requirements PROMPT example:

Pre Bid Joint Venture Agreement

"I need a Pre Bid Joint Venture Agreement between a construction company and an engineering firm, both based in South Africa, to bid jointly for a government infrastructure project, with a 60-40 participation split and specific provisions for BEE compliance."

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Document background
The Pre-Bid Joint Venture Agreement is a critical document used in South African business transactions when two or more entities wish to collaborate in bidding for a project or tender opportunity. This document is particularly relevant in the context of public procurement and large-scale private sector projects where combining capabilities, resources, and B-BBEE credentials can enhance the competitive position of the bidding parties. The agreement is structured to comply with South African legislation including the Companies Act, Competition Act, and B-BBEE requirements, while addressing practical aspects such as bid preparation responsibilities, cost-sharing, and decision-making processes. It is commonly used in sectors such as construction, infrastructure, and technology, where project complexity often necessitates collaborative approaches. The agreement can be tailored to accommodate both successful and unsuccessful bid scenarios, providing clarity on the parties' relationships throughout the bidding process.
Suggested Sections

1. Parties: Identification of all parties entering into the pre-bid joint venture agreement, including their registration details and addresses

2. Background: Context of the joint venture formation, including the tender/project details and purpose of collaboration

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

4. Formation of the Joint Venture: Establishment of the joint venture, including its name, business form, and duration

5. Purpose and Scope: Specific details about the tender/project being bid for and scope of the joint venture's activities

6. Contributions and Participation: Details of each party's contributions (financial, resources, expertise) and participation ratios

7. Management and Control: Governance structure, decision-making processes, and management responsibilities

8. Preparation and Submission of Bid: Process for bid preparation, approval, and submission procedures

9. Costs and Expenses: Allocation of costs related to bid preparation and joint venture operations

10. Confidentiality: Protection of confidential information shared during the bid process

11. BEE Compliance: Provisions ensuring compliance with B-BBEE requirements

12. Termination: Circumstances and procedures for termination of the agreement

13. Dispute Resolution: Procedures for resolving disputes between parties

14. General Provisions: Standard boilerplate clauses including notices, governing law, etc.

Optional Sections

1. Successful Bid Provisions: Terms that become effective if the bid is successful, including project execution structure - include if parties want to pre-agree post-award arrangements

2. Insurance: Requirements for insurance coverage - include if specific insurance requirements are needed for the bid

3. Intellectual Property: Protection and usage of IP rights - include if significant IP will be shared or created

4. Competition Law Compliance: Specific provisions ensuring compliance with competition laws - include if there are competition sensitivity concerns

5. Parent Company Guarantees: Guarantees from parent companies - include if required by the tender or parties

6. Local Content Requirements: Provisions addressing local content requirements - include if relevant to the specific tender

Suggested Schedules

1. Schedule 1: Party Details: Detailed information about each party including registration numbers, addresses, and contact persons

2. Schedule 2: Participation Ratios: Detailed breakdown of participation percentages and contribution requirements

3. Schedule 3: Management Structure: Detailed governance structure including named representatives and their roles

4. Schedule 4: BEE Certificates: Copies of current BEE certificates and status levels of all parties

5. Schedule 5: Project Specific Requirements: Specific requirements from the tender documentation that need to be addressed

6. Schedule 6: Pre-Bid Cost Allocation: Detailed breakdown of pre-bid costs and their allocation

7. Appendix A: Power of Attorney: Authorization for designated representatives to act on behalf of the joint venture

8. Appendix B: Tender Requirements Checklist: Checklist of all tender requirements and responsibility matrix

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



























Clauses




























Relevant Industries

Construction

Engineering

Infrastructure

Mining

Energy

Information Technology

Manufacturing

Transportation

Healthcare

Telecommunications

Defense

Public Sector Projects

Renewable Energy

Oil and Gas

Relevant Teams

Legal

Commercial

Business Development

Bid Management

Compliance

Finance

Risk Management

Operations

Procurement

Project Management

Relevant Roles

Chief Executive Officer

Commercial Director

Legal Counsel

Bid Manager

Business Development Manager

Contract Manager

Project Director

Compliance Officer

BEE Manager

Chief Financial Officer

Risk Manager

Operations Director

Technical Director

Procurement Manager

Joint Venture Coordinator

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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