The Pre Bid Joint Venture Agreement is a crucial document used when multiple companies intend to collaborate on preparing and submitting a bid for a significant project in Qatar. This agreement is particularly important in sectors requiring specialized expertise or local partnership, such as construction, infrastructure, or oil and gas projects. The document addresses key aspects required under Qatari law, including local ownership requirements, tender regulations, and commercial company laws. It typically precedes any formal joint venture or company formation and sets out the framework for cooperation during the bid phase, including cost sharing, responsibilities, and confidentiality obligations. The agreement is designed to protect all parties' interests while ensuring compliance with local regulations and establishing a foundation for potential long-term collaboration if the bid is successful.
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1. Parties: Identification of all joint venture parties, including their legal names, registration details, and addresses
2. Background: Context of the pre-bid joint venture, including the target project, tender details, and purpose of the collaboration
3. Definitions: Key terms used throughout the agreement, including Project, Bid, Confidential Information, etc.
4. Scope and Purpose: Detailed description of the joint venture's scope, objectives, and the specific tender/project being pursued
5. Roles and Responsibilities: Clear delineation of each party's duties, contributions, and responsibilities in preparing and submitting the bid
6. Bid Preparation and Submission: Process for preparing, reviewing, and submitting the bid, including approval mechanisms
7. Cost Sharing: Allocation of pre-bid costs and expenses among parties
8. Exclusivity: Commitment not to participate in competing bids for the same project
9. Confidentiality: Protection of confidential information exchanged during bid preparation
10. Duration and Termination: Term of the agreement and circumstances for early termination
11. Governing Law and Dispute Resolution: Qatari law as governing law and dispute resolution mechanisms
12. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Formation of Project Company: Include when parties intend to form a separate legal entity if bid is successful
2. Local Partner Obligations: Include when specific Qatari ownership requirements need to be addressed
3. Intellectual Property Rights: Include when significant IP will be shared or created during bid preparation
4. Bank Guarantee Arrangements: Include when bid bonds or other financial guarantees are required
5. Post-Award Arrangements: Include when parties want to pre-agree on post-bid award structure
6. HSE Requirements: Include for projects with significant health, safety, and environmental components
7. Compliance with Anti-Corruption Laws: Include when dealing with public sector tenders or international parties
1. Schedule 1 - Bid Preparation Timeline: Detailed timeline for bid preparation activities and responsibilities
2. Schedule 2 - Cost Allocation Matrix: Breakdown of pre-bid costs and their allocation between parties
3. Schedule 3 - Authorized Representatives: List of designated representatives from each party with decision-making authority
4. Schedule 4 - Technical Responsibilities Matrix: Detailed breakdown of technical input requirements from each party
5. Schedule 5 - Required Bid Documents: Checklist of documents required for bid submission
6. Appendix A - Power of Attorney: Authorization for bid submission on behalf of the joint venture
7. Appendix B - Confidentiality Agreement: Detailed confidentiality terms and procedures
8. Appendix C - Draft Shareholders Agreement: If applicable, preliminary terms for post-award company formation
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