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Pre Bid Joint Venture Agreement Template for Nigeria

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Key Requirements PROMPT example:

Pre Bid Joint Venture Agreement

"I need a Pre Bid Joint Venture Agreement under Nigerian law for a joint venture between a local construction company and an international infrastructure firm to bid on a major highway project, with special attention to local content requirements and a planned bid submission date of March 2025."

Document background
The Pre-Bid Joint Venture Agreement is a crucial document used in Nigerian business practice when multiple parties intend to collaborate on a significant tender or project bid. It serves as the foundational agreement that governs the relationship between parties during the bid preparation phase, before the formation of a more permanent joint venture structure. This document is particularly important in the Nigerian context due to local content requirements and the need to combine international expertise with local participation. The agreement typically includes detailed provisions for resource contributions, cost sharing, decision-making processes, and confidentiality measures, while ensuring compliance with Nigerian procurement laws and sector-specific regulations. It addresses both successful and unsuccessful bid scenarios, protecting all parties' interests throughout the bidding process.
Suggested Sections

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

2. Background: Context of the joint venture formation, details about the tender opportunity, and partners' expertise

3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation

4. Purpose and Scope: Specific details of the bid opportunity and intended scope of the joint venture

5. Contributions and Responsibilities: Each party's contributions (financial, technical, personnel) and specific responsibilities for the bid

6. Management and Decision Making: Governance structure, voting rights, and decision-making processes for bid-related matters

7. Confidentiality: Protection of confidential information during the bid process

8. Costs and Expenses: Allocation of bid preparation costs and related expenses

9. Exclusivity: Commitment not to participate in competing bids for the same opportunity

10. Duration and Termination: Term of the agreement and circumstances for early termination

11. Success/Failure of Bid: Consequences and next steps in both scenarios of bid success or failure

12. Representations and Warranties: Standard and specific warranties from each party

13. Governing Law and Dispute Resolution: Nigerian law as governing law and dispute resolution mechanisms

Optional Sections

1. Local Content Compliance: Required when bid involves sectors with specific Nigerian content requirements

2. Anti-Corruption Provisions: Detailed anti-corruption clauses when bidding for government contracts

3. Intellectual Property Rights: Required when bid involves significant IP contributions

4. Parent Company Guarantees: Include when financial backing from parent companies is required

5. Force Majeure: Optional but recommended given potential impacts on bid preparation

6. Step-In Rights: Include when there's risk of one party failing to perform during bid process

7. Public Relations and Communications: Include for high-profile public tenders requiring coordinated communications

Suggested Schedules

1. Schedule 1 - Bid Requirements: Detailed specifications and requirements from the tender documentation

2. Schedule 2 - Contribution Schedule: Detailed breakdown of each party's contributions (financial, resources, expertise)

3. Schedule 3 - Management Structure: Detailed governance structure and key personnel for bid preparation

4. Schedule 4 - Timeline and Milestones: Key dates and deliverables for bid preparation

5. Schedule 5 - Cost Allocation: Detailed breakdown of cost sharing arrangements

6. Appendix A - Power of Attorney: Authorization for designated representatives to act on behalf of JV

7. Appendix B - Compliance Certificates: Relevant regulatory and compliance certificates of each party

8. Appendix C - Forms and Templates: Standard forms required for bid submission

Authors

Alex Denne

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

Relevant legal definitions














































Clauses







































Relevant Industries

Oil and Gas

Infrastructure Development

Construction

Power Generation

Mining

Telecommunications

Transportation

Healthcare Infrastructure

Manufacturing

Defense Contracting

Relevant Teams

Legal

Commercial

Business Development

Procurement

Project Management

Risk and Compliance

Finance

Strategy

Operations

Technical Services

Corporate Development

Relevant Roles

Chief Executive Officer

Commercial Director

Legal Counsel

Business Development Manager

Bid Manager

Project Director

Commercial Manager

Joint Venture Manager

Risk Manager

Compliance Officer

Technical Director

Finance Director

Operations Director

Strategy Manager

Local Content 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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