Bid (Tender) Management

Join Us on the PCI Learning & Development Journey > Technical Business Management Programs > Bid (Tender) Management
Bid (Tender) Management

Introduction: 

The three-day workshop on Tender Management will provide participants a powerful insight on how to prepare and evaluate tenders and how to submit proposals in response to a tender.

The workshop will also highlight on the step-by-step process in Tender Management right from tender planning to Award phase.

The workshop will allow participants to recognise clauses which deal with contractual risks in a tender document and understand when a tender document becomes a contract helping the participants understand their rights as a client (employer) and Contractor.

The workshop is specifically designed to expose participants to the whole gamut of tendering from both buyer and seller perspective.

Course Objectives:      

The workshop will enable participants to understand:

  • The requisite knowledge in order to operate their tender process with the highest levels of accountability and governance.
  • Both buyer and seller perspective in Tendering and submitting proposals.
  • Legal rights of 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 of governing tendering including: issuing, receiving and evaluation.

Expose participants to international best practices in dealing with LOI, MOU and NDA

Course Content:

Day One:

Understanding Contract Law principles with regard to Tender

Contract/ Formation of Contracts

  • Definition of Contract
  • Offer or Proposal
  • Rejection of an offer / Counter offer.
  • Acceptance
  • Consideration
  • Purchase Order/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
  • Types of Tender
  • 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

Day Two:

Understanding the legal position of documents like:

  • Letter of Tender
  • Letter of Acceptance
  • Letter of Award
  • Letter of Intent

Understanding Bid from the Sellers Perspective

  • How to write a powerful proposal
  • Evaluate Proposals
  • Understand Proposal Management
  • Understand Cost Benefit Analysis
  • Tips for Preparing Proposal 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 best contract type

Contracting Methods

  • Contracting Methods
  • Simplified Methods
  • Formal Competitive Methods
  • Sealed Bidding
  • Key steps in Source Selection
  • Reverse Auction
  • E procurement – 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

Day Three:  

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 when reading Terms

  • Guarantee
  • Warranty
  • Misrepresentation
  • Implied provisions in contract
  • Condition Precedent/ Condition Subsequent

Understanding Clauses which deal with Contractual Risk  in a Tender document – How to minimize 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 Wilful misconduct
  • Payment
  • Confidentiality
  • Exclusive Remedy Provisions
  • Governing Law
  • Insurance
  • Subrogation and Waiver of Subrogation.

Post- Tender – Contract Administration

  • Developing a Contract Administration Plan (CAP)
  • Post-award Kick-off Meeting
  • Performance Monitoring/Quality Assurance
  • Delays In Performance
  • Variations/Change Order
  • Disputes, Claims & Termination