Thursday 2 July 2015

1 Day Legal and Practical Aspects of Tender Process Management

 
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Course Information
Date: 28 July 2015 (Tue)
Time: 9.00am to 5.00pm
Venue: Concorde Hotel Function Room (f.k.a Le Meridien Hotel)
Fees: SGD 500 (NETT)
S$200 (After PIC Grant)
** Enjoy savings for group registrations of 3 pax or more. Email us for more details
*Enjoy up to 400% tax deduction or 60% cash payout under the Productivity and Innovation Credit (PIC) scheme for Staff Training. Find out more at https://www.iras.gov.sg/ or email picredit@iras.gov.sg
Inclusive of teabreaks and lunch
Registration is on a 1st come 1st serve basis. Register early to avoid disappointment.
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To register, please contact Ms Elsie Koh @ 9857 8570/ 62789785 or elsie@360degrees.com.sg
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1 Day Legal and Practical Aspects of Tender Process Management


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

  • the essentials of making a contract
  • the legal status of invitation to tender
  • the legal issues in the tender process
  • the process contracting and documentations
  • the legal obligations of owner and bidders
  • the drafting of specifications in Request for Tender
  • the principles of evaluation of tenders

Course Outline

LEGAL ASPECTS

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

PRACTICAL ASPECTS

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 RFTv
  • 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

Who Should Attend

Executives, managers, contractors, architects, engineers, finance and company directors and business persons who need to understand the legalities in tender process management, tender/project owners, and companies who are considering to participate in tenders.

360 Degrees Trainer Profile

Associate Professor Catherine Tay Swee Kian

Assoc Prof. Catherine Tay lectures law at National University of Singapore, NUS Business School in the Department of Strategy and Policy; and medical law and business law at Yong Loo Lin School of Medicine, NUS; as well as dental law and ethics at the Faculty of Dentistry, NUS. A/Prof Tay is an Associate Professorial Fellow, NUS.

She is a Barrister-at-Law, of Lincoln's Inn, United Kingdom and an Advocate and Solicitor in Singapore. She was called to the English Bar in 1978 and the Singapore Bar in 1980. She is an Associate Director, Bernard & Rada Law Corp.
She is an author of several law books including 'Contract Law'; 'Directors' Duties and Liabilities'; 'Business Law' ; E-Commerce Law; Intellectual Property Laws and 'Medical Negligence'. She has published several legal articles in prestigious international and local law journals.

A/Prof Tay studied law at Queen Mary College, University of London and graduated with a Bachelor of Laws (Honours) degree and a Master of Laws degree, in which she specialized in Company, Shipping, Insurance and Marine Insurance laws. She did her pupillage under the Honorable Lady Mary Hogg in London and returned to Singapore in the law firm of Rodyk & Davidson.

A/Prof Tay is also a member of the Centralized Institutional Review Board – Ethics sub committee of SingHealth hospitals and polyclinics; and is also a member of the National Healthcare Group Domain Specific Review Board / Research Ethics committee tasked to review the scientific and ethical aspects of research protocols. A/Prof Tay is an examiner on law and medical law subjects for a number of professional bodies and universities in Singapore and overseas. She was an external examiner in medical law at the Law Faculty of the University of Hong Kong.

She conducts in-house training seminars and workshops for hospitals, banks, statutory boards, hotels, commercial firms and companies, clubs and associations. She is also a legal consultant appearing on many television segments.

A/Prof Tay was a committee member of the editorial board of the Singapore Accountant Journal, Journal of the Institute of Certified Public Accountants of Singapore and the (United Kingdom) The Company Lawyer. 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 conference papers at many conferences and seminars on Business Law, Medical Law, and Company and insolvency Laws overseas and in Singapore.

A/Prof Tay has published numerous articles in international peer reviewed journals such as BIOETHICS, the Hong Kong Journal of Emergency Medicine; the (United Kingdom) Journal of Business Law, (United Kingdom) Business Law Review; the (United Kingdom) Company Lawyer and the (United Kingdom) Insolvency Law & Practice, (United Kingdom) Tolley's professional negligence, (United Kingdom) Tottel's Professional Negligence, the Singapore Dental Journal; the Malayan Law Journal; the Securities Industry Review and The Singapore Law Gazette.

She received the 2008 Sinagapore Medical Journal Recognition Award for reviewing with Distinction for consistently submitting timely, detailed and scholarly reviews.

A/Prof Tay cohosted a weekly talk show "In the Eyes of the Law" on NTUC RadioHeart and was a consultant to MediaCorp television series on consumer laws "What's Your Case" on TV Channel 5.

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