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Onsite Seminar

Legal Concepts and Contracting

RFQ / Tender Management

Learning Objectives:

  • The tendering process and the major steps that should be followed
  • Pre-tender checklist
  • Mitigation of risk by selection of contract types
  • Methods of selection and qualifying contractors
  • The criticality of statements of work
  • How to evaluate the proposals using price analysis and/or cost analysis
  • Terms & conditions for economic price adjustments
  • Basic negotiation planning and strategies

Seminar Outline:

Contract Management — When Does the Process Start?

  • Typical contracting process flow
  • What you need to know to be competent at contract management
  • Elements of a good procurement & competitive bidding process
  • Standard of ethical practice
  • The critical scope/ statement of work

Selecting the Right Contracting Strategy & Contract Types

  • The importance of the contract
  • Risk Analysis
  • Basic contract types
  • Economic price adjustments
  • Methods of payment
  • Progress payments
  • Service contracts

Important Elements of the Contract

  • Force majeure clauses
  • Contract change clauses
  • The importance integration or entire agreement clause
  • Inspection, testing, acceptance, rejection
  • Clauses for defects in materials and workmanship
  • Liquidated damages clause
  • Choice of law and dispute resolution clauses

Developing the Tender & Bidder Qualification

  • Tender and contract check lists
  • Contractor pre-qualification and final qualification process
  • Bidder exceptions, questions, tender modifications and clarifications
  • Requesting cost breakdowns
  • Foreign currency issues

Tender Evaluation & Award

  • Evaluation of cost breakdowns
  • Total cost of ownership
  • Selecting the best bidder
  • How do you know if you got a good price?
  • Some basics of negotiations
  • Letter of Intent, award, comfort, and side agreements
  • Finalize the contract
  • Offer & acceptance