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Managing and Evaluating Bids and Tenders In-house Training

This programme will show you how to prepare and evaluate bids and tenders and how to submit proposals in response to a tender.

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Course overview

This two-day 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. The workshop 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 program is designed to help you understand tender management right from the planning stage 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 course you will:

  • Understand the legal and regulatory frameworks of the procurement process
  • Explore the different types of tender and contracting methods
  • Consider 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 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.

This course will cover:

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
  • 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

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

Manoj Nair
SVM Contract Consultants

Manoj Nair is a Partner with SVM Contract Consultants. He has over 25 years of professional experience in consulting and training. He advises clients on how to improve their contracts and take preventative steps to reduce claims.  He has advised companies in India and around the world on procurement/contract management processes, tender/bid management, FIDIC conditions of contract, vendor management, supply-chain contractual risk, contract negotiations, contract administration, claims management, contract drafting, bankruptcy laws and US FCPA and UK Bribery Act, anti-money laundering and counter terrorism financing, and dispute resolution. 

 

He has worked with diverse clientele throughout his career including companies from the construction, energy, power, EPC, telecoms, IT, travel, insurance, manufacturing, media, banking and oil and gas sectors. 

He has extensive training experience and has to date conducted 350 + corporate training's, on topics including: contract drafting and negotiations, contract/procurement management, tender/bid management, outsourcing contracts, proposal writing, vendor management, negotiations for supply chain managers, FIDIC Conditions of Contract, US FCPA and UK Bribery Act, anti-money laundering and counter-terrorism financing, business case writing, claims management and negotiations. 

He is Fluent in English and Hindi

More details

Multiple colleagues? See above for details of our discounts for 2, 3, or 4 delegates. For more, talk to one of our training experts to discuss how to:

Run this course conveniently and cost-effectively in-house for your staff and colleagues

Aleksandra Beer

Aleksandra BEER
Training expert

Yesim Nurko

Yesim NURKO
Training expert

+44 (0)20 7749 4749

inhouse@ipi.academy