课程概览
This two-day training
course will provide participants with a powerful insight on how to successfully prepare and evaluate tenders and how to submit proposals in response to a tender.
The course will also focus on the step-by-step process of bid and tender management, right from tender planning through to the award phase.
The expert trainer will take participants through the clauses which deal with contractual risks in a tender document and explain when a tender document becomes a contract.In turn, this will ensure participants understand their rights as a client and a contractor.
This workshop-style training
course is specifically designed to expose participant’s to the whole gamut of tendering from both buyer and seller perspective.
Key topics to be covered include:
How to operate their tender process with the highest levels of accountability and governance
The buyer and seller perspective in tendering and submitting proposals
The legal rights of the parties at the tender stage
Commercial terms frequently used in a tender document and the contractual clauses that deal with transfer of risks
The practices and procedures governing tendering including issuing, receiving and evaluation
International best practices in dealing with LOI, MOU and NDAs
The expert trainer will use a mix of theory plus lively and interactive training methods, including exercises, case studies, practice sessions and group discussions.
This training course is designed to help you understand tender management right from the planning stage th4ough to closure.
This course is part of our
Commercial Management training courses
series which aims to help individuals gain confidence in a range of areas surrounding contract law, and broader business management knowledge.
Benefits of attending
By attending this training course you will:
the legal and regulatory frameworks of the procurement process
Explore
the different types of tender and contracting methods
the legal documents needed at each stage of the management process
Learn
how to determine and select the most economic and advantageous tender
Expand
your knowledge of commercial terms and their potential impact
Clarify
the clauses that deal with contractual risk and how to minimise and transfer risk
Review
the post-tendering steps and what happens next
Who should attend?
This training course has been specifically designed for:
Contract managers and administrators
Bid managers
Contract analysts and engineers
Commercial managers and engineers
Project and procurement managers
Business development managers
It will also be of benefit for everyone involved in the preparation, evaluation and management of commercial invitations to tender, requests for bids and proposals, and contracts for the purchase of services, materials or equipment.
Day 1
EOI
课程大纲
Day 2
Understanding contract law principles with regards to tender contracts
Definition of contract
Offer or proposal
Rejection of an offer or counter offer
Acceptance
Consideration
Purchase order or work order
RFP/RFQ/RFI/ITB
Performance of contract
Discharge of contract
Remedies for breach of contract
The battle of forms
Privity of contract
Tender basics
Definition of tender
The competitive bidding process
Two step sealed bidding
Terms and definitions
Types of tender
E-tendering
RFP, RFQ and ITB
EOI
Tendering law - case study
Tender process management
Tender planning
Contents of tender
Pitfalls to avoid when drafting SOW
Steps involved in tender process
Tender documents
Evaluation of tender
Finding a competent contractor
Negotiations
Award
Understanding the legal position of documents
Letter of tender
Letter of acceptance
Letter of award
Letter of intent
Understanding the bid from the sellers perspective
How to write a powerful proposal
Evaluation of proposals
Understand proposal management
Cost benefit analysis
Tips for preparing proposals that win contracts
Best practices in developing proposals
Contracting pricing arrangements
Fixed price contracts
Cost reimbursable contracts
Contract incentives
Cost plus incentive fee
Cost plus award fee
Time and materials contracts
Selecting the best contract type
Contracting methods
Simplified methods
Formal competitive methods
Sealed bidding
Key steps in source selection
Reverse auction
E-procurement and e-tendering
Commercial terms/clauses in a tender
Letter of credit
Comfort letter
Tender bond/guarantee
Retention guarantee
Performance guarantee
Parent company guarantee
Advance payment guarantee
International best practices in dealing with LOI, MOU and NDA
Letter of intent/award
Memorandum of understanding
Non-disclosure agreements
Getting to grips with terms
Guarantee
Warranty
Misrepresentation
Implied provisions in contract
Condition precedent/ condition subsequent
Understanding contractual risk clauses - how to minimise and transfer the risk
Indemnity
Assignment and delegation
Successors and assigns
Limitation of liability/total liability cap
Third party liability
Force majeure
Damages, liquidated damages/ penalty
Consequential damages
Negligence/gross negligence and willful misconduct
Payment
Confidentiality
Exclusive remedy provisions
Governing law
Insurance
Subrogation and waiver of subrogation
Post-tender contract administration: what happens next?
Developing a contract administration plan
Post-award kick-off meeting
Performance monitoring/quality assurance
Delays in performance
Variations/change order
Disputes, claims & termination