Tendering & Bidding Process Management - Practical & Legal Aspects in Procurement

Marketing Institute of Singapore - Executive Development

Course introduction

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

Course Outline

Formation of a Contract

  • Offer & Acceptance
  • Consideration
  • Intention to Create Legal Relations
The legal status of a Request for Tender
  • “Invitation” to Treat or “Offer”
  • The concept of a process contract
What is the legal obligation towards bidders?
  • Rejecting non-compliant bids & accepting only compliant bids
  • Issue of using undisclosed criteria in evaluating bids
  • Duty to act fairly
Other legal issues in the tender process
  • Negligence
  • Estoppel
  • Anti-Competitive practices
Pre-Tender Assessments
  • 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
The Request For Tender (RFT)
  • Key contents of RFT
  • Clarity in  drafting of the specifications in the RFT
  • Identifying relevant Selection criteria for the project
Evaluation and Selection of Tenders
  • 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

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Trainer Profile

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.

She 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.