Competitive Tendering: Practical and Legal Do's and Don'ts

Learn how to get unmatched credibility and Competitive Advantage in the tendering/ contracting Process!!!

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.

How You Will Benefit

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

You Will Receive

Each participant will receive a complete set of course notes and handouts that will serve as informative references.

Course Outline


Types of Tenders/Contracts

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
Issuing of Tendering Documents
Time Considerations

Tendering Documents & Evaluation Process
Background Information
Bid Bonds
Bid Depository System
Visits to Site by Contractors
Amendments to Tendering Documents
Contractor’s Queries
Submission of Tenders
Separate Contracts
Opening of Tenders
Evaluation of Tenders
Award of Contract

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

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

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

Case Study 1
Duty of Owner in Awarding the Contract
Restriction on the Privilege Clause
Disqualification of Bidders
Damages Arising out of Tender Documents

Case Study 2
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

Design Process 1
The Construction Team
Interpreting the Contract Documents

Design Process 2
Guidelines for Design-Build Method
Advantages and Disadvantages
Engineering and Contracting Perspectives

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
Letter of Intent
Instruction to Proceed
Contractor’s Obligation to Owner
Sub-Contractor’s Obligation to Contractor
Contractor’s Obligation to the Sub-Contractor

Tips and Checklist
Practical Do’s and Don’ts
Checklist for Preparation of “Instructions to Contractor”
Tendering Tips
Exercise-Invitation To Tender-Template
Workshop 1-Tender
Workshop 2-Tips & Checklist

Seminar Leader

Rishi Kumar, M.Sc. Eng., P.Eng., PMP, CMC, GSC is a President and CEO of Global Educational and Consulting Services (GECS) and is an approved education provider by the Engineering Institute of Canada, (EIC) and International Association of Continuing Education and Training, Washington, DC (IACET). 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 475+ 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 (CCA) in 2011.
Mr. Kumar served as a Chair, President, Sr. Vice-President-Operations and Director-Marketing and Professional Development portfolios for PMI Lakeshore chapter and presently serving in Ethics Review Committee (ERC) of PMI Global and providing coaching and mentoring to PMI members. 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 also providing coaching and mentoring services to PEO Mississauga as a Chairperson. He supports the mentorship programs offered by various non-profit organizations (CESO, Ontario Works-Peel Region, Skills for Change, ACCES Employment, DBNS and CMC) in GTA since 1994.