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