The Pre-Bid Joint Venture Agreement is essential when multiple companies intend to collaborate on a significant tender or project bid in Austria. This document is particularly crucial in situations where companies need to combine their expertise, resources, or local market knowledge to strengthen their bidding position. The agreement, structured under Austrian law, typically precedes the formation of a full joint venture and focuses specifically on the bid preparation phase. It includes detailed provisions for resource allocation, confidentiality, intellectual property protection, and decision-making processes, while ensuring compliance with Austrian procurement and competition laws. The document is commonly used in large-scale infrastructure, construction, or technology projects where single companies might lack the complete capabilities or scale required for the tender. This agreement type is particularly important in regulated industries or public sector bids where clear governance and compliance structures are mandatory.
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1. Parties: Identification and details of all joint venture partners
2. Background: Context of the joint venture formation and the targeted bid opportunity
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. Duration and Termination: Term of the agreement and circumstances for termination
6. Contributions and Responsibilities: Each party's contributions, roles, and responsibilities in bid preparation
7. Management and Decision Making: Governance structure and decision-making processes
8. Costs and Expenses: Allocation of bid preparation costs and related expenses
9. Confidentiality: Protection of confidential information shared during bid preparation
10. Exclusivity: Commitment to exclusive collaboration for the specific bid
11. Intellectual Property: Ownership and use rights of IP contributed or created
12. Representations and Warranties: Standard representations and warranties from each party
13. Liability and Indemnification: Allocation of risks and indemnification obligations
14. Governing Law and Dispute Resolution: Choice of Austrian law and dispute resolution mechanisms
1. Success Fee Arrangements: Used when parties agree to success-based compensation structures
2. Post-Award Arrangements: Include when parties want to pre-agree on post-bid win arrangements
3. Third Party Rights: Include when specific rights need to be granted to or protected from third parties
4. Anti-Corruption Compliance: Detailed compliance procedures for high-risk or public sector bids
5. Insurance Requirements: Specific insurance obligations when required by the nature of the project
6. Parent Company Guarantees: Include when financial backing from parent companies is required
7. Data Protection: Detailed data protection provisions for projects involving significant data processing
1. Schedule 1 - Bid Requirements: Detailed specifications and requirements of the target bid
2. Schedule 2 - Resource Commitments: Detailed breakdown of resources each party commits to the bid
3. Schedule 3 - Cost Allocation: Detailed breakdown of cost sharing arrangements
4. Schedule 4 - Timeline and Milestones: Detailed bid preparation schedule and key milestones
5. Schedule 5 - Technical Specifications: Technical details and standards applicable to the bid
6. Schedule 6 - Governance Procedures: Detailed procedures for management and decision-making
7. Appendix A - Power of Attorney: Authorization documents for bid submission
8. Appendix B - Company Documents: Corporate documents of all joint venture partners
9. Appendix C - Compliance Certificates: Required regulatory and compliance certificates
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