TRAINING COURSES

Tendering & Bidding Process Management - Practical & Legal Aspects in Procurement

Summary


Price:
$1005
Language:
English
Funding:
No Funding
No. of Days:
2 Days
Location:
Central
Funding Individual
Full Cost S$1005
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Why You Should Attend This Course:

It is critical for both project owner and bidders to be aware of the legalities and practical issues regarding the tendering process. Stakeholders should plan for risk management should the unforeseen circumstances occur.Bid or don’t bid? What 7 things client wants … Sharing of best practice tips.

Accurate information at the different stages of tendering process is important – inviting bids, selecting criteria & weightings, evaluating of tenders, shortlisting, awarding successful tender, debriefing, auditing, transparency and probity. You do not need to have prior legal knowledge to attend this course.

This seminar course will highlight:

  • Understand the criteria constituting the formation of a contract
  • Learn essentials of making a contract
  • Be informed of the legal status of invitation to tender
  • Be aware of legal issues in the tender process
  • Understand the process contracting and documentations
  • Know the legal obligations of owner and bidders
  • Obtain understanding on drafting specifications in Request for Tender (RFT)
  • Acquire the principles of evaluation of tenders
  • Share best practice tips

Course Outline:

1. Pre-Tender Assessments

       - Rationale for Tendering Process

       - Anti-competitive agreement (Competition laws)

       - Collusive Tendering and Bid-Rigging

       - Transparency & corruption

       - The Scope of the Contract (Scoping)

       - Type & Quality of Goods and Services required

       - Mode of Delivery of Services

       - Consultancy contracts

       - Construction contracts

       - Factors affecting the contract

       - Cost, complexity

       - Project drivers

       - Time constraints

2. Bidding Process

         - Tender announcement

         - Pre-qualification

         - Bid Specification

         - Clarification procedure

         - Bid

         - Evaluation

         - Negotiation

         - Contract award

3. Formation of a Contract

       - Offer & Acceptance

       - Termination of offer

       - Counter-offer

       - Consideration

       - Intention to Create Legal Relations

       - E-Tendering

       - Electronic Transactions

4. The Legal Status of a Request for Tender

       - Invitation to Treat v Offer

       - Request for Proposal / Request for Tender (RFT)

       - Traditional Analysis

       - The New Concept of a Process Contract

               - The 2-Stage Contract in Tender

       - Binding Relationship in Pre-Award Stage

       - Common Mistakes in Tender Process

       - Negligence

       - Stanco Projects case-study

         - Estoppel

         - Effect / Losses caused to Tenderer

         - Remedies for Breach of Contract

         - Aim of Damages

       - Remoteness of Damages

         - Liquidated Damages

         - Right to Forfeit Deposit

5. What is the Legal Obligation towards Bidders?

-          Rejecting non-compliant bids & accepting only compliant bids

-          Issue of using undisclosed criteria in evaluating bids

-          Duty to act fairly

-          Negotiation after Closing?

6. PRACTICAL ASPECTS - The Request For Tender (RFT)

       - Key contents of RFT

       - Contents in Invitation to Tender

       - Clarity in drafting of the specifications in the RFT

       - Instructions to Tenderers

       - Conditions of Contract

       - Tender Specifications

       - A Walk-Through Analysis

       - Scope of Works Coverage (Scoping)

       - Prices & charges (Cost Schedule)

       - Performance Standards

       - Monitoring of Work Site

       - Bribery

       - Termination & its Consequences

       - Transfer & Assignment

       - Jurisdiction & Governing Law

       - Amendment to Contract

       - Notices

       - Independent Tenderers

       - Job Descriptions

       - Identifying relevant Selection criteria for the project

       - Mediation & Arbitration

       - Group Discussions

       - Practical Exercises & Quiz

7. Evaluation and Selection of Tenders – Practical Aspects

       - Key Principles in the Evaluation of Tenders

       - How to Evaluate Non-Price Criteria

       - Clarifying Tender Submissions that may be unclear

       - Weighting of Criteria and Scoring

8. Risk Management in Tender Bidding Process

       - Binding Process Contract

       - Non-binding relationship

       - Flexibility within RFT

       - Documentation

       - Diligence in Drafting Tender Documents

       - Fair & Equal Treatment to all Bidders in Tender Process

       - Training to highlight Risks

       - Misrepresentations to Bidders and Tenderers

       - Reducing risk being non-compliant bids

9. Sharing Best Practices in Bidding

         - How to Win Bids? What 7 things client wants …

         - Bid or Don’t Bid?

         - What is your strongest market­ing tool?

         - Guidelines for Bidding

         - Points to look out for in Tender Documents

         - Managing Bid & Bidding team

         - 6 Key features of good bid summary

         - 4 Guidelines on Technical Writing

         - Making good use of graphics

         - The 5 Cs Essentials in Bid Editing

         - Basic structure for CVs

         - How to not annoy bid evaluator

         - Sharing Moral of true stories

Location:
Central
Address:
51 Anson Road #03-53
Building Name:
Anson Centre
Postal:
079904
...
Marketing Institute of Singapore

Founded in 1973, the Marketing Institute of Singapore (MIS), a not-for-profit organisation, is the National Body for Sales and Marketing. Over the years, MIS has nurtured more than 50,000 sales and marketing practitioners through its professional learning and development programmes and provided ample networking opportunities for thousands of members through its diverse series of events.

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Prof Catherine Tay Swee Kian


Prof Catherine Tay Swee Kian is an Associate Professorial Fellow lecturing law at the National University of Singapore, Department of Strategy and Policy (NUS Business School). She is also an Advocate and Solicitor of the Supreme Court of Singapore, author of several law books and the Associate Director of Bernard & Rada Law Corp.

Prof Tay studied law at Queen Mary College, University of London and graduated with a Master of Laws, in which she specialised in Company, Shipping, Insurance and Marine Insurance Laws. She did her pupillage under the Honourable Lady Mary Hogg in London and returned to Singapore in the law firm of Rodyk & Davidson.

Prof Tay was on the Board of Overseas Editors for the (United Kingdom) Journal of Financial Crime, an official publication of the Cambridge International Symposium on Economic Crime. She has presented papers at many conferences and seminars on Business Law, Medical Law, Company and Insolvency Laws both overseas and in Singapore. Prof Tay is an examiner on law subjects for a number of professional bodies in Singapore and overseas. She conducts in-house seminars for hospitals, banks, statutory boards, hotels, commercial firms and companies, clubs and associations

The following are details breakdown of the funding

Individual
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Productivity & Innovation Credit -
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Note

  • Funding is subjected to approval from the government agencies
  • The amount is calculated based on the "Up to" percentage of the course fees
  • Taking into assumption that you have not fully utilized the SkillsFuture Credit and Productivity & Innoviation Credit Scheme

 


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