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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."
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
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
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
Oil and Gas
Infrastructure Development
Construction
Power Generation
Mining
Telecommunications
Transportation
Healthcare Infrastructure
Manufacturing
Defense Contracting
Legal
Commercial
Business Development
Procurement
Project Management
Risk and Compliance
Finance
Strategy
Operations
Technical Services
Corporate Development
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
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