Description
Highlighting critical areas in competitive bidding, this one-day course reviews recent court decisions and guides participants through legal traps in tendering. It covers contract negotiations, bid deposits and performance security. Recent bid-rigging scandals, price-fixing prosecutions and typical copyright and confidentiality issues are also explored.
Topics
- Tendering law
- Duties of organizations inviting bids
- Wresting with compliancy
- Errors in bidding
- How to avoid liability for negligence and conflict of interest
- Alternative bidding
- Bid-rigging and price-fixing
Learning Objectives
- Identify legal duties and obligations of the organization inviting tender bids
- Anticipate forms of alternative bidding and how to incorporate language to effectively allow for fair evaluation of alternates and equivalents where allowed for in the solicitation
- Understand how to use prequalification as part of a tendering process
- Demonstrate how to incorporate language to deter bid rigging and price fixing, and how to recognize typical schemes
- Use sound planning techniques to realize and address critical risk areas in tendering
Expected Outcomes
Participants will learn effective strategies to maximize best value for their organization from a competitive tendering process. They will be alerted to critical legal obligations throughout the tendering process as well as common errors and how to avoid them. Attendees will leave the course with practical tools to incorporate best practices into their next tender process.
Learning Methods
Pre-reading, lecture and PowerPoint presentation, facilitated discussions, case study examples, group exercises and scenario-based learning.
Complimentary Courses
- Introduction to Competitive Contracting for Buyers
- Managing and Evaluating Contract Performance
- How to Negotiate and Resolve Contract Disputes
