Issue Date: 
Thursday, October 31, 2019

Types of Joint Ventures    

By Werner van Rooyen, Director of HowToTender (Pty) Ltd which specializes in tender consulting and tender training.

The structure of the joint venture should set out the nature of your partnership.  There are two main types of agreements:

  1. If the joint venture is a business, it will be an incorporated joint venture.  This type is not recommended when one wants to respond to a competitive bid or a request for quotation.
  2. A co-operative arrangement between two existing parties that keep their separate identities is called a contractual joint venture.  This type of joint venture is the safest option to use in responding ton tenders.

In both types mentioned above a Joint Venture Agreement (JVA) is crucial in managing the joint venture.

The joint venture agreement should include:

  • Objectives: keep it simple and try to have no more than five objectives.
  • Funding: both parties need to specify how much funding they will put into the venture, and for how long.
  • Assets: list any assets or employees that will be transferred throughout the duration of the joint venture.
  • Intellectual property: state who owns any intellectual property created during the joint venture and how any financial benefits will be distributed.
  • Roles: clearly indicate who has responsibility for the processes involved during the joint venture.  If you are setting up a new company, the composition of the Board – e.g. Chief Executive and Chief Financial Officer - should be identified and voting rights agreed.
  • Agreement: incorporated joint venture agreements may also need to include a shareholders’ agreement, covering issues such as dividend policy and how the management accounts will be produced and made available.
  • Third parties: any consents or approvals needed from third parties should be explained in the agreement.
  • Finances: state how any profits or losses will be divided between parties.  Liabilities must also be clearly listed.
  • Disputes: specify a mechanism by which any disputes can be resolved, such as arbitration by an agreed third party.
  • Duration: specify how long the joint venture would last.  If it is open-ended the agreement should state the period of notice that each party should give if they want to withdraw.
  • Confidentiality: you may wish to consider a confidentiality or non-disclosure agreement.
  • Principles: include a statement that is not legally binding on the two parties.  Instead it should be a statement of principles – enabling the parties to negotiate a final, legally definitive agreement in good faith.

To learn more about this and many other tender conditions attend our “Become a Tender Expert” 2-Day workshops presented in Johannesburg, Pretoria, Durban, Port Elizabeth, and Cape Town.  Book and pay online at https://howtotender.co.za/tender-expert-form/

Contact us at wernervr@howtotender.co.za should you require more information.

You can also purchase a Tender Manual (Handbook) on our website https://howtotender.co.za/ which is a step by step guide how to respond to a South African Tender.  It includes examples of completed SBD forms.

Title Closing Date Tender No.
Purchase of earth moving equipment 2020-05-05 11:00 AHT23827
Appointment of a panel of electrical contractors (CIDB grade 3EP to 9 EP) to provide electrical construction services to the Alfred Duma Local Municipality for a period of one year 2020-04-16 11:00 EES 01/2020
Invitation for Service Providers to Provide Short Term Insurance for uMgungundlovu District Municipality 2020-04-23 12:00 09/2020
Supply and delivery of Refuse Skip Loader Truck for Makhado Local Municipality 2020-05-08 12:00 15 of 2020
Request for Proposals for the Placement on the Municipal Panel of Professional Civil, Structural, Mechanical and Electrical Engineering Consultants for a period of thirty-six (36) months 2020-04-24 12:00 UGU-07-1540-2020
Provision of Services: Taking of Water and Sewage Samples, Analysing, and Monitoring it in Botrivier, Caledon, Tesselaarsdal, Genadendal, Grabouw, Greyton, Riviersonderend and Villiersdorp for the Period From 01 July 2020 To 30 June 2023 2020-04-24 12:00 ENG 01/2020/21
Re-advert: Procurement of Service Provider for Enhancement of the APRM Electronic Questionnaire Tool for the African Peer Review Mechanism (APRM) 2020-04-28 11:00 APRM/001B/SIDA/EQT/2020
Supply and Installation of Artificial grass in various parks in Hermanus for a contract period ending 30 June 2020. 2020-04-03 12:00 SC2080/2020
Supply and Delivery of Sewing Equipment 2020-04-03 12:00 FWQ201/2019
Supply and Delivery of Cable 2020-04-03 12:00 FWQ204/2019
Supply and Delivery of Sewage Mixers 2020-05-08 12:00 FWQ207/2019
Supply and Delivery of a Soft Starter Water Pump Station Alwyndal 2020-05-08 12:00 FWQ208/2019
Installation of Perimeter Fence at Polokwane Traffic Station 2020-04-30 11:00 PUDP 758
Supply, Delivery and Installation of General Steelworks and Fittings 2020-04-30 12:00 TDR125/2019
Appointment of Contractors in the Built and Environment for construction Rivoni School for the blind for the Limpopo Department of Education 2020-04-30 11:00 LDE/IA/B18/2019/20
Supply and Delivery of Manhole Rings and Covers 2020-04-09 12:00 TDR120/2019
Supply and Delivery of Chemical Cleaning Product for use in the Wastewater Systems 2020-04-09 12:00 TDR121/2019
Supply and Delivery of a Cobra Safe MLP System with Various Components and Cobra Brass Fittings 2020-04-09 12:00 TDR123/2019
Appointment of panel of contractors for urban / rural stormwater maintenance 2020-05-04 12:00 13/2020
Supply and Delivery of Various Water Fittings 2020-04-09 12:00 TDR122/2019

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