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Tendering & Bidding Process Management - Practical & Legal Aspects in Procurement
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. Learn how to win bids. The course will share best practice tips in writing winning bids.
What do you know about “Smart Contracts”? Paperless digital code and stored on a revolutionary blockchain technology in a decentralised network of distributed ledger in the metaverse. The terms & conditions of Smart Contract are written in code & automatically self-executed when predetermined conditions are met in a decentralised space. The course will also explore the benefits of Blockchain for Procurement in a secure bidding decentralized environment in the metaverse.
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
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. Learn how to win bids. The course will share best practice tips in writing winning bids.
What do you know about “Smart Contracts”? Paperless digital code and stored on a revolutionary blockchain technology in a decentralised network of distributed ledger in the metaverse. The terms & conditions of Smart Contract are written in code & automatically self-executed when predetermined conditions are met in a decentralised space. The course will also explore the benefits of Blockchain for Procurement in a secure bidding decentralized environment in the metaverse.
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
Outline
LEGAL ASPECTS
Formation of a Contract
• Offer & Acceptance
• Consideration
• Intention to Create Legal Relations
Smart Contracts in the Metaverse
• traditional (paper contract) v smart contract (paperless digital code)
• blockchain “Code in law” = terms & conditions of smart contract
• computer code in block of data on blockchain protocol in decentralized space
• blockchain oracles – real world data
• decentralized autonomous organizations (= DAO) use smart contracts
• “Smart contract” created in Blockchain
- Expressed through computer programming language e.g. Solidity
The legal status of a Request for Tender
• “Invitation” to Treat or “Offer”
• The concept of a process contract
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
• How to evaluate & select tenderers fairly
Other legal issues in the tender process
• Negligence
• Estoppel
• Anti-Competitive practices
• Enforceability of smart contracts in blockchain protocol
PRACTICAL ASPECTS
Pre-Tender Assessments
• The scope of the contract
• Type and Quality of Goods and Services required
• Mode of delivery of services
• Factors affecting the contract – time, cost, complexity
The Request for Tender (RFT)
• Key contents of RFT
• Clarity in drafting of the specifications in the RFT
• Identifying relevant Selection criteria for the project
Evaluation and Selection of Tenders
• Key principles in the Evaluation of Tenders
• Best practice approached
• How to evaluate Non-Price Criteria
• Clarifying tender submissions that may be unclear
• Weighting of criteria and scoring
• Sample scoring given
How to Win Bids
- Know the 7 items owner project wants
- Learn the “Wow” factors?
- The 6 Dos & Donts in writing a “Winning” Bid
- What is essential test in tender bidding in procurement?
- Checklist to look out for in tender
Sharing Tips on Establishment of Bidding Team
- The 7 steps on managing Bid Process
- The 8 strongest marketing tools for bid success
- How to be successful bid writers?
- The 5 critical things to structure your bid
- What are the 6 appendices to be included in your bidding proposal?
- The 6 Key features of good bid summary
- Guidelines on technical bid writing
- The 5 key cv qualifications of professional strengths
- How to annoy bid evaluators
- Real life cases
- The Final 9 Tips in winning tender bids
A Walk-through of Sample Tender Documentation
- The 5 stages of procurement process
- Overview of tender management process
- Recitals
- Habendum
- Commercial provisions
- Boilerplate provisions
- Schedules
- Appendix
Exercise Activity
– Tender Documentation & Boilerplates
Formation of a Contract
• Offer & Acceptance
• Consideration
• Intention to Create Legal Relations
Smart Contracts in the Metaverse
• traditional (paper contract) v smart contract (paperless digital code)
• blockchain “Code in law” = terms & conditions of smart contract
• computer code in block of data on blockchain protocol in decentralized space
• blockchain oracles – real world data
• decentralized autonomous organizations (= DAO) use smart contracts
• “Smart contract” created in Blockchain
- Expressed through computer programming language e.g. Solidity
The legal status of a Request for Tender
• “Invitation” to Treat or “Offer”
• The concept of a process contract
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
• How to evaluate & select tenderers fairly
Other legal issues in the tender process
• Negligence
• Estoppel
• Anti-Competitive practices
• Enforceability of smart contracts in blockchain protocol
PRACTICAL ASPECTS
Pre-Tender Assessments
• The scope of the contract
• Type and Quality of Goods and Services required
• Mode of delivery of services
• Factors affecting the contract – time, cost, complexity
The Request for Tender (RFT)
• Key contents of RFT
• Clarity in drafting of the specifications in the RFT
• Identifying relevant Selection criteria for the project
Evaluation and Selection of Tenders
• Key principles in the Evaluation of Tenders
• Best practice approached
• How to evaluate Non-Price Criteria
• Clarifying tender submissions that may be unclear
• Weighting of criteria and scoring
• Sample scoring given
How to Win Bids
- Know the 7 items owner project wants
- Learn the “Wow” factors?
- The 6 Dos & Donts in writing a “Winning” Bid
- What is essential test in tender bidding in procurement?
- Checklist to look out for in tender
Sharing Tips on Establishment of Bidding Team
- The 7 steps on managing Bid Process
- The 8 strongest marketing tools for bid success
- How to be successful bid writers?
- The 5 critical things to structure your bid
- What are the 6 appendices to be included in your bidding proposal?
- The 6 Key features of good bid summary
- Guidelines on technical bid writing
- The 5 key cv qualifications of professional strengths
- How to annoy bid evaluators
- Real life cases
- The Final 9 Tips in winning tender bids
A Walk-through of Sample Tender Documentation
- The 5 stages of procurement process
- Overview of tender management process
- Recitals
- Habendum
- Commercial provisions
- Boilerplate provisions
- Schedules
- Appendix
Exercise Activity
– Tender Documentation & Boilerplates
Who should attend
Executives, managers, contractors, engineers, architects, finance and company personnel and business persons who need to understand the practicalities and legalities in tender process management, including tender / project owners and companies who are considering to participate in tenders.
Testimonials
1. I am confident that applying these skills will help me win bids and drive business success.
2. The course was engaging, well-structured, and interactive, making it effective for learning.
3. I found the course valuable for its clear explanation of contract formation principles, particularly the walkthrough of invitation to treat, which enhanced my understanding.
4. I will use this knowledge to enhance our procurement process, draft more effective contracts, and minimize risks, ultimately benefiting the company.
5. I appreciated how the course thoroughly covered every portion and section, providing detailed explanations that enhanced my understanding.
6. I enjoyed the case studies shared in the course, as they provided valuable insights and practical applications.
7. The interactive discussions, including breakout rooms and Q&A sessions with Prof Tay, were particularly valuable.
8. I appreciated the detailed explanations of clause meanings, reasons, and document structure.
9. This training has given me a better understanding of contract clauses, allowing me to be more vigilant and thorough in my role.
2. The course was engaging, well-structured, and interactive, making it effective for learning.
3. I found the course valuable for its clear explanation of contract formation principles, particularly the walkthrough of invitation to treat, which enhanced my understanding.
4. I will use this knowledge to enhance our procurement process, draft more effective contracts, and minimize risks, ultimately benefiting the company.
5. I appreciated how the course thoroughly covered every portion and section, providing detailed explanations that enhanced my understanding.
6. I enjoyed the case studies shared in the course, as they provided valuable insights and practical applications.
7. The interactive discussions, including breakout rooms and Q&A sessions with Prof Tay, were particularly valuable.
8. I appreciated the detailed explanations of clause meanings, reasons, and document structure.
9. This training has given me a better understanding of contract clauses, allowing me to be more vigilant and thorough in my role.
Profile of Catherine Tay
Catherine Tay has over 35 years of lecturing experience as an Associate Professor lecturing business law at the National University of Singapore (NUS) Department of Strategy and Policy, NUS Business School. She is an Advocate and Solicitor of the Supreme Court of Singapore. She is also a barrister-at-law (of Lincoln’s Inn, United Kingdom). She is an author of more than 8 law books, including her best-seller book title called "Contract Law - A layman Guide".
She studied law at Queen Mary College, University of London and graduated with a Bachelor of Laws with Honours and with a Master of Laws, in which she specialised in Company, Shipping, Insurance and Marine Insurance Laws.
She has facilitated seminars and in-house training courses for many business law topics such as tenancy agreements, contract administration management, procurement contracts, legal and practical aspects of tender management, Service Level Agreements and Outsourcing contracts, oil and gas contract management, insurance contracts, Intellectual Property Laws and PDPA data privacy laws. She is an examiner on law subjects for a number of professional bodies and universities in Singapore and overseas. She has lectured at the NUS Extension in professional and business management law courses.
She was an adjunct lecturer at NUS Institute of System Science, in IT outsourcing contracts for over 20 years. She is the Honourable Legal Advisor for Singapore Optometric Association, as well as for the Singapore Institute of Engineering Technologists.
