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Pre Bid Joint Venture Agreement

Pre Bid Joint Venture Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Pre Bid Joint Venture Agreement

"I need a Pre-Bid Joint Venture Agreement for a collaboration between a Hong Kong construction company and a mainland Chinese state-owned enterprise to jointly bid on a major infrastructure project, with specific provisions for technology transfer and local content requirements."

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Document background
The Pre-Bid Joint Venture Agreement is essential when multiple organizations plan to collaborate on a significant tender or project bid in Hong Kong. This document is particularly relevant in scenarios where companies need to combine their expertise, resources, or meet specific tender requirements that individual entities cannot fulfill alone. It addresses key aspects such as bid preparation responsibilities, cost sharing, confidentiality, and decision-making processes, while ensuring compliance with Hong Kong's legal framework, including the Competition Ordinance and Companies Ordinance. The agreement typically precedes a more comprehensive joint venture agreement that would be enacted if the bid is successful, making it a crucial preliminary step in major project pursuits.
Suggested Sections

1. Parties: Identification of the joint venture partners and their registered details

2. Background: Context of the joint venture formation, target project, and parties' intentions

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Purpose and Scope: Specific objectives of the joint venture and scope of collaboration for the bid

5. Pre-Bid Obligations: Parties' responsibilities during bid preparation including resource commitment

6. Exclusivity: Restrictions on parties participating in competing bids

7. Costs and Expenses: Allocation of bid preparation costs and pre-award expenses

8. Confidentiality: Protection of confidential information exchanged during bid preparation

9. Decision Making: Process for making decisions regarding the bid strategy and submission

10. Intellectual Property: Ownership and usage rights of IP contributed to or created for the bid

11. Success/Failure Scenarios: Consequences and next steps in case of successful or unsuccessful bid

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

13. General Provisions: Standard boilerplate clauses including notices, amendments, governing law

Optional Sections

1. Incorporation of Project Company: Used when parties plan to form a new entity if bid is successful

2. Parent Company Guarantees: Include when parent company support is required for the bid

3. Anti-Bribery and Corruption: Detailed compliance provisions for high-risk or public sector bids

4. Foreign Investment Provisions: Required when dealing with foreign investment restrictions

5. Tax Structure: Include when specific tax arrangements are crucial to bid strategy

6. Local Content Requirements: Used when target project has local content or participation requirements

7. Bid Bond Arrangements: Include when bid requires submission of bid bonds or guarantees

Suggested Schedules

1. Schedule 1 - Party Details: Detailed information about each party including key contacts

2. Schedule 2 - Bid Requirements: Summary of key tender requirements and compliance approach

3. Schedule 3 - Resource Commitments: Detailed breakdown of each party's resource contributions

4. Schedule 4 - Cost Allocation: Detailed breakdown of pre-bid costs and allocation between parties

5. Schedule 5 - Bid Preparation Timeline: Key milestones and deadlines for bid preparation

6. Schedule 6 - Roles and Responsibilities: Detailed matrix of responsibilities for bid preparation

7. Schedule 7 - Form of Success Agreement: Outline or heads of terms for post-award agreement

8. Appendix A - Power of Attorney: If required for bid submission

9. Appendix B - Parent Company Documents: Parent company approval documents or guarantees

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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

Infrastructure

Real Estate Development

Transportation

Energy

Telecommunications

Manufacturing

Technology

Healthcare

Education

Public Works

Utilities

Defense

Maritime

Relevant Teams

Legal

Business Development

Commercial

Finance

Risk Management

Operations

Technical

Compliance

Corporate Development

Strategy

Procurement

Project Management

Relevant Roles

Chief Executive Officer

Managing Director

Legal Counsel

Chief Legal Officer

Business Development Director

Project Director

Bid Manager

Commercial Manager

Contract Manager

Chief Financial Officer

Risk Manager

Company Secretary

Operations Director

Technical Director

Partnership 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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