Competitive Tendering Practical & Legal Perspectives (1.3 CEUs)

Daily Schedule:
8:00am - Registration and coffee (1st day only)
8:30am - Session begins
4:30pm - Adjournment
Breakfast, two refreshment breaks and lunch are provided daily.
The majority of contracts are negotiated by competitive tendering/contracting procedures. All too often shortcomings in the application of these procedures lead to delays, extra costs, disputes and, sometimes-legal actions. In seeking to avoid such pitfalls this seminar provides a comprehensive but compact procedure/process to competitive tendering. This two days course will also define the practical and other issues involved in tendering/contracting, both on public and private projects.

After Attending This Course, You will:

  • Obtain a practical review of tendering/contracting process;
  • Learn how to prepare tendering/contracting documents;
  • Understand and learn important considerations for selecting the contractors and consultants;
  • Gain practical concepts for selecting sub-contractors;
  • Learn how to avoid the failures and tendering/contracting pitfalls;
Who Should Attend:
Owners, building/general contractors, managers, engineers, construction professionals and business-people of all disciplines and officials of government agencies responsible for the tender calls, negotiations or awarding of contracts; This seminar will also be of interest to any one seeking an understanding of some of the most popular tools used in preparing and awarding the contracts.
Program Outline (1.3 CEUs / 13 PDHs)

Day 1

8:30 - Introduction: Types of Tenders/Contracts

9:15 - Tendering Process/Procedure

  • Preliminary Investigation
  • Invitation to Pre-qualify/Advertisement
  • Issue and Submission of Pre-qualification Documents
  • Analysis of Pre-qualification Data
  • Selection & Notification of list of selected Contractors
  • Advertising
  • Issuing of Tendering Documents
  • Time Considerations

10:15 - Coffee Break

10:30 - Tendering Documents & Evaluation Process

  • Background Information
  • Drawings
  • Specifications
  • Insurance
  • Bid Bonds
  • Bid Depository System
  • Visits to Site by Contractors
  • Amendments to Tendering Documents
  • Contractor’s Queries
  • Submission of Tenders
  • Separate Contracts
  • Sub-contracts
  • Opening of Tenders
  • Evaluation of Tenders
  • Award of Contract

12:15 - Lunch

1:15 - Workshop I

  • Participants will meet in small groups to discuss and suggest the solution to the case study problem. A representative from each group will present the solutions to all participants.

3:15 - Coffee Break

3:30 - Problematic Clauses

  • Individual Clause Analysis
  • Contract Clauses: Owner and Contractor Views
  • Contractual Allocation Risk
  • Incentive Provisions

4:00 - Open Discussion

4:30 - Adjournment

Day 2

8:30 - Case Study

  • Duty of Owner in Awarding the Contract
  • Restriction on the Privilege Clause
  • Disqualification of Bidders
  • Damages Arising out of Tender Documents
  • Sub-Contractor

9:15 - Consultant's Perspectives

  • Complexity of Documents
  • Inadequate Time
  • Incomplete Drawings
  • Fairness of Contract Documents
  • Unbalance Bids
  • Informal and Irregular Tenders
  • An Unrealistic Bid
  • Implication of Non-Award to a qualified Bidder & Local Preferences
  • Communication of Acceptance

10:15 - Coffee Break

10:30 - Owner’s Perspective

  • What is Constructability?
  • Constructability Implementation Roadmap
  • Barriers to Implementing Constructability
  • What are the current Practices?
  • Summary: How can you implement?
  • Examples/Case Studies

11:15 - Case Study

  • Liability of the Consultant to the Owner
  • Liability of the Consultant to the Contractor
  • Liability of the Owner to the Contractor
  • Liability of the Contractor to the Sub-Contractor

12:00 - Lunch

1:00 - Workshop II

  • Participants will meet in small groups to discuss and suggest the solution to the case study problem. A representative from each group will present the solutions to all participants.

3:15 - Coffee Break

3:30 - Legal Perspective

  • Tendering and the Law of Contract
  • Legal Requirements
  • The legality of Contract Subjects
  • Legal Capacity of Parties to Act
  • Intention for Contract to be Subject to Law
  • Mutual Agreement: Offer and Acceptance
  • Legal termination of an Offer
  • Acceptance
  • Consideration
  • Letter of Intent
  • Instruction to Proceed
  • Contractor’s Obligation to Owner
  • Sub-Contractor’s Obligation to Contractor
  • Contractor’s Obligation to the Sub-Contractor
  • Conclusion

4:15 - Tips and Checklist

  • Practical Do’s and Don’ts
  • Checklist for Preparation of  “Instructions to Contractor
  • ”Tendering Tips

4:30 - Concluding Remarks and Final Adjournment

Rishi Kumar, M.Sc. Eng., P.Eng., PMP, CMC, GSC
Rishi obtained his M.Sc. in Mechanical Engineering in 1976 from University of Calgary, Alberta. Since 1976, he has held many senior positions in utility, auto industry, research & development, services, manufacturing and consulting sectors in project, program and portfolio management of various capital projects. Since 1996, he conducted 450+ public and in-house seminars all over the globe through various universities, construction associations and other professional organizations and published/presented 25+ technical, business and management papers in various publications/conferences throughout the globe.

Mr. Kumar is a licensed professional engineer (P.Eng.) in the province of Ontario, and holds various professional certifications {certified Project Management Professional (PMP), and a Certified Management Consultant (CMC) and certified Quality Auditor}. He obtained his Gold Seal Certification (GSC) from the Canadian Construction Association in 2011.
Presently, Mr. Kumar is serving as a President for PMI Lakeshore chapter and served in the past as a Sr. Vice-President: Operations, Director-Marketing and Professional Development portfolios. Mr. Kumar is actively involved since 1996 with Professional Engineers Ontario (PEO) and is serving in various committees and boards (Discipline, Equity & Diversity and Experience Requirements). Since 2007, Rishi is providing coaching and mentoring services to PEO Mississauga as a Chairperson. He supports the mentorship programs offered by various non-profit organizations (Skills for Change, ACCES Employment, DBNS, PMI Lakeshore and CMC) in GTA since 1994.

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OS: iOS 6 or newer

OS: Android 2.2 or higher

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