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.
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
Formation of a Contract
The legal status of a Request for Tender
- Offer & Acceptance
- Intention to Create Legal Relations
What is the legal obligation towards bidders?
- “Invitation” to Treat or “Offer”
- The concept of a process contract
Other legal issues in the tender process
- Rejecting non-compliant bids & accepting only compliant bids
- Issue of using undisclosed criteria in evaluating bids
- Duty to act fairly
- Anti-Competitive practices
The Request For Tender (RFT)
- 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
Evaluation and Selection of Tenders
- Key contents of RFT
- Clarity in drafting of the specifications in the RFT
- Identifying relevant Selection criteria for the project
- Key principles in the Evaluation of Tenders
- How to evaluate Non-Price Criteria
- Clarifying tender submissions that may be unclear
- Weighting of criteria and scoring
Available Course Sessions
Please click here to stay updated on upcoming sessions.
Prof Catherine Tay Swee Kian
Prof Catherine Tay Swee Kian is an Associate Professorial Fellow lecturing law at the National University of Singapore, Department of Strategy and Policy (NUS Business School). She is also an Advocate and Solicitor of the Supreme Court of Singapore and an author of several law books. She is Associate Director of Bernard & Rada Law Corp.
Prof Tay studied law at Queen Mary College, University of London and graduated with a Master of Laws, in which she specialised in Company, Shipping, Insurance and Marine Insurance Laws. She did her pupillage under the Honourable Lady Mary Hogg in London and returned to Singapore in the law firm of Rodyk & Davidson.
Prof Tay was on the Board of Overseas Editors for the (United Kingdom) Journal of Financial Crime, an official publication of the Cambridge International Symposium on Economic Crime. She has presented papers at many conferences and seminars on Business Law, Medical Law, Company and Insolvency Laws both overseas and in Singapore. Prof Tay is an examiner on law subjects for a number of professional bodies in Singapore and overseas. She conducts in-house seminars for hospitals, banks, statutory boards, hotels, commercial firms and companies, clubs and associations.