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.
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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
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
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
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