Issue Date: 
Monday, January 14, 2019

10 Features of a good Joint Venture Agreement

By W van Rooyen

www.howtotender.co.za

A Joint Ventures is a good business idea to compete for tenders if one does not have all the necessary expertise that are required from a specific tender. The thing to remember though is that you must have a solid Joint Venture Agreement in place for your Joint Venture. A good, rock solid Joint Venture Agreement will protect the participants to the Joint Venture.

 Here are 10 features that any good Joint Venture Agreement must have:

  1. The purpose of the joint venture must be clearly defined;
  2. The percentage participation of all the members must be clearly stated. Remember that the members share in the profits and losses of the Joint Venture and this must be indicated as such.
  3. There must be a paragraph that provides for the formation of a management body for the joint venture;
  4. There must be consensus between the members to ensure that the activities of the Joint Venture will not be unjustifiably slowed down by failure to achieve it;
  5. The dispute resolution must be effective, easy and cheap to execute;
  6. There must be clear and comprehensive guidelines that sets out the contributions to be made by each member towards the activities of the joint venture in securing and executing the contract and should allocate monetary values to such contributions.
  7. All members must provide meaningful input to the management activities of the joint venture as well as policy making;
  8. There must be a safe guard to limit, as far as possible, any losses to the joint venture by the default of any Joint Venture member;
  9. The Joint Venture Agreement must be flexible enough to allow for joint ventures which differ in objectives, inputs by members and management systems;
  10. Last but not least the Joint Venture Agreement must be tender specific.

Make sure that your Joint Venture Agreement contains all these features. This will ensure that you are covered against most unforeseen contingencies.

You can find a Joint Venture Agreement on our website at www.howtotender.co.za. You will also find our newly revised Tender Manual there. The Tender Manual will teach you all you need to know to respond to tenders correctly and hopefully successfully.

To learn more about this and many other tender conditions please attend one of our How-to-Tender workshops. For more information on the tender courses please email Estelle at Estelle@howtotender.co.za.

This article was written by Werner van Rooyen, Director of HowToTender (Pty) Ltd. which specializes in tender consulting and tender training.

Title Closing Date Tender No.
The manufacture, supply, delivery to site, installation and commissioning of one passenger lift, guide rails, operating system and maintenance contract for Olifants River Resources Development Project at De Hoop Dam. 2019-06-06 11:00 DWS04- 0419 WTE
Appointment a pool of suitably qualified service providers to provide Interpreting services in QAA-Schools Sub-unit for a period of three years (36 months) 2019-05-17 12:00 RFQ- 0002
Supply and delivery of stainless steel grade 340 L for a period of 24 months to construction central 2019-06-06 11:00 DWS05- 0419 WTE
Procurement for Opentext Software License and Maintenance and Support on Behalf of the Western Cape Government Department of the Premier for a three (3) year period 2019-05-09 11:00 RFB1872/ 2018
Port Elizabeth: Alternative accommodation for Ibhayi Local Office: SASSA. 2019-05-14 11:00 LSPE05/ 2019
Appointment of a mechanical service provider to provide maintenance and general mechanical work at SITA Gauteng and other sites. 2019-05-15 11:00 RFB 1921/ 2019
Calvinia Department of Home Affairs: Alternative office accommodation: 415.88m² and 5 parking bays for a period of 5 years. 2019-05-22 11:00 LS07/ 2019
Calvinia Statistics South Africa: Alternative office accommodation: 320.45m² and 10 parking bays for a period of 5 years. 2019-05-22 11:00 LS03/ 2019
Appointment of a Group Life Insurer 2019-05-22 11:00 RFP 10/ 2019
Procurement of 2 PSIRA grade A armed close protection and 4 grade C static security guards at Mafikeng North West Public Works offices for the North West administrator for the period of 15 months 2019-05-14 11:00 HP19/ 001GS
Appointment of a Travel Management Company to Provide Travel Management Services and accomodation to the South African Police Service:Domestic and International for a period of three (03) years 2019-05-22 11:00 19/ 1/ 9/ 1/ 53 TP (18)
KZN: Department of Education: eThekwini Region: Verulam: Cottonland Primary School: Repairs and Renovations 2019-05-22 11:00 ZNTD 04634W
KZN: DOPW: eThekwini Regional Office: Mayville Complex: Rendering of Security Services within the complex, vacant land between Gazzela and Piedmont Road for a Period of Thirty-Six (36) Months (3 years). 2019-05-22 11:00 ZNTD 04762W
Appointment of a Service Provider for the Leasing of Office Space [Pretoria] for a Period of Five [5] Years for Groenkloof National Park 2019-05-17 11:00 GNP- 057- 18
Pretoria: Leasing of Office Accommodation of 30 223 square meters and 1 584 parking bays usage by the Department Home Affairs for period of 5 years in Pretoria CBD 2019-05-14 11:00 PT19- 002
Appointment of a professional technical expert to advise the Energy Regulator on the prudency of asset acquisition in Transnet SOC limited’s new Multi Products Pipeline project for a period of seven (7) months 2019-05-09 11:00 NERSA/ 1920/ PPT/ PAA/ BID001
Pretoria: Leasing of Office Accommodation of 18 873.86 square meters and 454 parking bays usage by the Department of Correctional Services Head Quarters for a period of 5 years in Pretoria CBD and the outskirts 2019-05-14 11:00 PT19/ 001
Appointment of a service provider to undertake the ex-post regulatory impact assessment of all Energy Regulator decisions and stakeholder perception/ satisfaction survey 2019-05-09 11:00 NERSA/ 1920/ RAR/ RIA/ BID002
ICT Research Support Membership for a period of 36 months 2019-05-24 12:00 DPME 05- 2019/ 20
Appointment of a Service Provider to Render Organisational Work-Study Services for a period of six (6) months 2019-05-23 11:00 NCC/ 04/ 2018/ 19

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The 8 steps in the Tender Adjudication process

By W van Rooyen

www.howtotender.co.za

31 January 2019

It is important to understand the Adjudication process when one responds to a Tender or Request for Proposal. If you have these 8 steps under control when responding to tenders, changes are good that you will proceed to the next round.

Here are 8 steps in the adjudication process that Organs of State will most often follow in determining which bidder will win the tender:

  1. Opening... Read More
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