2

ECSA CPD Points

14

pmi pdu's

ALL

Skill Level suited for

14h

Course Duration

English

LANGUAGE Course presented in

Course Overview

This course has been designed to present the principles and best practices in inviting tender offers and tendering. In today’s business environment the drive to obtain value and cut costs is overwhelming. In Many organisations believe that tendering is the key to optimising the obtaining of goods and services achieving . This is partly led by government guidelines in the public sector, and policy in the private sector. Inevitably, the process is not always fully understood by those charged with the duty to implement it.

If the tender is incorrectly prepared or executed, it will lead to buying the wrong goods or services and therefore creating high levels of risk and additional costs. This course is designed to develop the necessary understanding and skills to gain the advantages of tendering and avoid the pitfalls.

Some benefits of attending this course:

  • Equip yourself with the tools to assess procurement objectives for the tender process, and successfully predict future risks or conflicts
  • Learn the skills to ensure robust governance throughout the tender process, and combat potential probity issues while guaranteeing a high response rate
  • Confidently construct a bid and tender evaluation process that will ensure the selection of the best and most salient offer for the good of your organisation
  • Diagnose which particular approach to the market will be the right one to achieve your procurement objectives, and draft the appropriate documents to ensure a successful outcome

ZAR 2499

(including VAT)

Course Information

This course has been designed to present the principles and best practices in inviting tender offers and tendering. In today’s business environment the drive to obtain value and cut costs is overwhelming. In Many organisations believe that tendering is the key to optimising the obtaining of goods and services achieving . This is partly led by government guidelines in the public sector, and policy in the private sector. Inevitably, the process is not always fully understood by those charged with the duty to implement it.

If the tender is incorrectly prepared or executed, it will lead to buying the wrong goods or services and therefore creating high levels of risk and additional costs. This course is designed to develop the necessary understanding and skills to gain the advantages of tendering and avoid the pitfalls.

Course Date: 6 – 7 September 2021
Course Time: 8:30am – 16:00pm

Delegates can attend the course for a full 2 days. Starting at 8:30am – course will end at 16:00pm

Course Date: 26 – 30 July 2021
Course Time: 19:00 – 22:00 (CAT)

Delegates can attend the course in the evenings after work – five split sessions of 3 hours each from 19:00 – 22:00 

Purchase the course online

Course Includes

Additional Payment Options

why should you attend the course

  • Invite tenders and Tender in response using SANS 294, SANS , CIDB, World Bank and FIDIC templates. Both commercial and Public Sector Supply Chain Management best practice in Processes in Tender Information
  • Use the tender process as tools to manage transaction risk more effectively
  • Invite Tenders, Tender and Evaluate tenders
  • Decipher contract “legalese”
  • Leverage the entire contract management process—from the buyer’s and seller’s perspectives in both commercial and public contracting environments
  • CPD points that add value: – Earning CPD points are crucial to retaining your professional designation as well as for your, as well as your business’ success. This course not only provides you with the CPD points needed, but also adds value to your career by delivering practical training that provides you with the skills to integrate the knowledge gained in the classroom into real world projects.
  • Certificate of Completion: – During and at the end of the course your knowledge of the training material and the application thereof will be tested. On successful completion you will receive a certificate that not only verifies that you have attended the course, but also that you have obtained the knowledge required to manage your projects successfully.

what's included in this course

Who is this course for?

  • Construction project managers
  • Engineers
  • Architects
  • Quantity Surveyors
  • Principle agents
  • Consultants
  • Contractors
  • Client representatives
  • Project planners
  • Office Administrators
  • Anybody involved in planning and managing construction projects.
  • Construction Industry Tradesmen and Professionals with an interest in how to better manage Construction and Engineering projects as per the PMBOK guide 6thEdition and its Construction Extension will benefit from attending this accredited training webinar.
  • Anybody involved in planning and managing construction projects.
  •  

course Outline

Session 1 – Tendering in the Commercial Contract Management Contexts

  • Tendering and Contracting defined
    • Offers
    • Acceptance
    • Other Contract Law issues
  • The Business Context of Tenders and Contracts
    • Tenders and Contracts are –
      • sources of business for sellers
      • sources of goods and services for buyers
      • are risk management tools
      • are projects that must be administered
      • Partnerships

Session 2 – Tendering and Contract Management Process

  • The Commercial Process, the Public Process & the contracting process
  • The buyer’s and seller’s perspectives
    • Phase 1
      • three steps for the buyer
      • three steps for the seller
    • Phase 2
      • for the buyer
      • for the seller
    • Phase 3
      • for the buyer and seller

Session 3 – Law applicable to Commercial and Public Tender Invitations/responses

  • Invitations to treat and contracts
  • Tender Contract reviews
  • The Legal Remedy of Specific Performance of Tender Obligations
  • Judicial review of tender processes under the Promotion of Administrative Justice Act.
  • Competitive Tendering or Tendering Methods (sealed Tenders, multiple step processes)
  • Non-Completive methods

Case study: Haw & Inglis v MEC Roads AND (5972/2009)
Learners will analyse the facts and the judgement of Molemela J to better understand Rule of Law aspects of tender document and the rights on tender documents to better understand the role of–

  • Section 217 Of the Constitution Act 108 or 2996
  • The Preferential Procurement Policy Framework Act, 5 of 2000
  • The Construction Industries Development Board Act, 38 of 2000
  • The Promotion of Administrative Justice Act, 3 od 2000

Session 4 – Teamwork, Roles, and Responsibilities

  • Teamwork contexts in Commercial Practice & Public requirements in South African Treasury Guidelines. (The Roles of Specification, Evaluation and Adjudication in tender Invitation and evaluation in Public Procurement)
  • The economic, business and legal teamwork contexts

The business teamwork context

  • Concepts of agency, mandate and representation
    • Types of authority—actual and apparent
    • Limitations on authority
    • Delegating authority
    • Unauthorized actions

Session 5 – Contract Pricing Methods and Arrangements How Much?

  • Value-based pricing
  • Cost-based pricing
  • Fixed-price arrangements
  • Cost reimbursement
  • Time and materials
  • Purchase order agreements
  • Public Sector difficulties – outside of works contract relating to cost reimbursement contracts

Session 6 – Planning Best Practices in Preparing for Tender Invitations and Tender Submissions

  • The buyer’s process
    • Make or buy
    • How to identify and specify needs
    • Market research
    • Develop cost/schedule estimates
    • Risk management process is vital
    • Preparing RFPs and RFQs
  • The seller’s process
    • How to identify customers’ needs
    • How to analyse competition
    • Tender/no-Tender decision
    • How to develop a winning strategy
    • How to prepare a winning proposal
    • The need for proactive involvement of both parties

Session 4 – Why Contract Administration Best Practices need to form the basis of the Tender Invitation/Response engagement

  • Pre-contract planning for contract administration
  • Pre-performance meetings
  • Change management
  • Invoice/payment management
  • Dispute resolution management
  • Terminations and remedies
  • Timely contract closeout

Session 8 – Designing Evaluation Criteria for including in Tender Invitations and compliance in Tender Responses.

  • Evaluation Teams (committees)
  • Risk assessment – obtaining transaction support consulting expertise
  • Knowledge requirements on goods services and works, industry, marketing practices and contracting
  • Evaluation Criteria: Interests, Standards and Weighting
  • Evaluation Attributes
    • Technical, Quality and Design,
    • Management reputation, capability, financial strength, etc.
    • Price: realism and competitiveness

Session 4 – How to prepare a winning Tender

  • Top six reasons why tenders are lost
  • The team
  • Obtaining expert tender transaction support
  • Analysis of Tender, Service and Contract requirements
  • The Risk and Opportunities Assessment
    • Compliance Matrix
    • Contract Risk Review
    • Tender Document Risk Review
    • Lessons Learned Database
  • The Tender/No-Tender decision and justification documents
  • The project of compiling the Tender Offers
  • Check and review points
  • Attendance of pre-tender conferences & Submission of the Tender

Session 10 – Preparing the Request for Tender (RFPs and RFQs) South African Standards

  • South African Standards Examples ((SANS 294, the new SANS/ISO 10805 and the CIDB) (SANS 294, the new SANS/ISO 10805 and the CIDB))
  • International Standards Examples (FIDIC and World Bank)
  • Tender Invitation Planning Inputs
  • Standard forms & Outputs
  • Documents that comprise the Tender
    • South African Documentation
    • International Documentation
  • Preparing the Tender Data
  • Preparation of the Contract Itself
    • Form of Offer and Acceptance or
    • Contract Agreement
    • Which is appropriate and when

Session 11 – Analysis and discussion of Standard Tender Invitation

Note on the Two Case Studies
Case studies 1 and 2 will be dealt with concurrently as follows:

  • The South African forms will be compared and contrasted with each other, and
  • The South African forms will be compared and contrasted with the international form (in the example a World Bank tender document based off FIDIC)

Case Study 1

Case Study 1
Analysis (comparing and contrasting) of South African Standard Forms (SANS 294, the new SANS/ISO 10805 and the CIDB)

1.1 – Analysis of the Obligations of Both Parties

1 Scope

2 Terms and definitions

3 General requirements

3.1 Actions

3.2 Tender documents

3.3 Interpretation

3.4 Communication and employer’s agent

3.5 Employer’s right to accept or reject any tender offer

3.6 Procurement procedure

3.6.1 General

3.6.2 Competitive negotiation procedure

3.6.3 Proposal procedure using the two-stage tendering system

 

1.2 – Analysis and discussion of the Tenderer’s Obligations

4.1 Eligibility

4.1.1 Submit a tender offer

4.1.2 Notify the employer

4.2 Cost of tendering

4.3 Checking documents

4.4 Confidentiality and copyright of documents

4.5 Reference documents

4.6 Acknowledging addenda

4.7 Clarification meeting

4.8 Seeking clarification

4.9 Insurance

4.10 Pricing the tender offer

 

1.3 – Tenderer’s Obligations (Cont.)

4.11 Alterations to documents

4.12 Alternative tender offers

4.13 Tender submissions

4.13.1 General submission requirements

4.13.2 Signatures

4.13.3 Tender securities

4.13.4 Inclusion of certificates

4.13.5 Sealing of documents

4.13.6 Employer’s acceptance of tender submissions

4.14 Information and data to be completed in all respects

4.15 Closing time

4.16 Tender offer validity

4.16.1 Period of validity

4.16.2 Withdrawal of tenders

4.17 Clarification of tender offer after submission

4.18 Other material

4.19 Inspections, tests and analysis

4.20 Submitting securities, bonds, policies, etc. .

4.21 Checking final draft

4.22 Returning other tender documents

 

1.4 Analysis and discussion of the Employer’s Obligations

5.1 Responding to requests from the tenderer

5.2 Issuing addenda

5.3 Returning late tender offers

5.4 Opening of tender submissions

5.5 Two-envelope system

5.6 Non-disclosure

5.7 Grounds for rejection and disqualification

5.8 Test for responsiveness

5.9 Arithmetical errors, omission and discrepancies

5.10 Clarification of a tender offer

 

1.5 Employer’s Obligations (Cont.)

5.11 Evaluation of tender offers

5.11.1 General

5.11.2 Method 1: Financial offer

5.11.3 Method 2: Financial offer and quality

5.11.4 Method 3: Financial offer and preferences

5.11.5 Method 4: Financial offer, quality and preferences

5.11.6 Decimal places

5.11.7 Scoring financial offers

5.11.8 Scoring preferences

5.11.9 Scoring quality

5.12 Insurance provided by the employer

5.13 Acceptance of a tender offer

5.14 Preparing contract documents

5.15 Completing adjudicator’s contract

5.16 Notice to successful and unsuccessful tenderers

5.17 Providing copies of the contracts

5.18 Returning of tender securities

5.19 Providing written reasons for actions taken

Case Study 2

2.1 General

  1. Scope of Tender
  2. Source of Funds
  3. Eligible Tenders
  4. Qualification of the Tender
  5. One Tender per Tender
  6. Cost of Tendering
  7. Site Visit

2.2 Tender Documents

  1. Content of Tender Documents
  2. Clarification of Tender Documents
  3. Amendment of Tender Documents

Preparation of Tenders

  1. Language of Tender
  2. Documents Comprising the Tender
  3. Tender Prices
  4. Currencies of Tender and Payment
  5. Tender Validity
  6. Tender Security
  7. Alternative Proposals by Tenders
  8. Format and Signing of Tender

 

2.3 Submission of Tenders

  1. Sealing and Marking of Tenders
  2. Deadline for Submission of Tenders
  3. Late Tenders
  4. Modification and Withdrawal of Tenders

 

2.4 Tender Opening and Evaluation

  1. Tender Opening
  2. Process to Be Confidential
  3. Clarification of Tenders
  4. Examination of Tenders and Determination of Responsiveness
  5. Correction of Errors
  6. Currency for Tender Evaluation
  7. Evaluation and Comparison of Tenders
  8. Preference for Domestic Tenders

 

2.5 Award of Contract

  1. Award Criteria
  2. Employer’s Right to Accept any Tender and to Reject any or all Tenders
  3. Notification of Award and Signing of Agreement
  4. Performance Security
  5. Advance Payment and Security
  6. Adjudicator
  7. Corrupt or Fraudulent Practices

 

2.6 Tender Data

3.2 Conflict of Interests

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Meet the Instructor

Gavin Weiman

Gavin Weiman is a highly experienced attorney, consultant and training facilitator, with extensive (over 25 years) legal experience and (over 19 years) business consulting and training facilitation experience.

Gavin has been providing legal and contract centric consulting services, training and skills transfer services to commercial business, public entities and other consulting organizations and training organizations. His special area of interest is contracting and the law and its relationship to business and the economic world.