Tendering & Bidding Process Management – Practical & Legal Aspects in Procurement

by Prof Catherine Tay

Why You Should Attend This Course

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. Bid or don’t bid? What 7 things client wants … Sharing of best practice tips.

Accurate information at the different stages of tendering process is important – inviting bids, selecting criteria & weightings, evaluating of tenders, shortlisting, awarding successful tender, debriefing, auditing, transparency and probity. You do not need to have prior legal knowledge to attend this course.

This seminar course will highlight:

  • Understand the criteria constituting the formation of a contract
  • Learn essentials of making a contract
  • Be informed of the legal status of invitation to tender
  • Be aware of legal issues in the tender process
  • Understand the process contracting and documentations
  • Know the legal obligations of owner and bidders
  • Obtain understanding on drafting specifications in Request for Tender (RFT)
  • Acquire the principles of evaluation of tenders
  • Share best practice tips

  • Sharing excellence in best practices & tips in preparing & negotiating commercial projects
  • Knowing the meaning of words used in contract terms
  • Learning the principled negotiation PIOC techniques in commercial agreements
  • Mastering how to get other party to say “Yes” to all your terms & conditions
  • Overcoming obstacles in difficult negotiations
  • Identifying negotiation strategies to deal with tricks and tactics
  • Understanding the purpose & role of contracts
  • Appreciating the structure and content of commercial contracts
  • Choosing the right contract clauses to protect your organisation needs
  • Sharpening the fundamental basic drafting skills
  • Enhancing learning by participating in exercise for contract preparation

1. Pre-Tender Assessments

  • Rationale for Tendering Process
  • Anti-competitive agreement (Competition laws)
  • Collusive Tendering and Bid-Rigging
  • Transparency & corruption
  • The Scope of the Contract (Scoping)
  • Type & Quality of Goods and Services required
  • Mode of Delivery of Services
  • Consultancy contracts
  • Construction contracts
  • Factors affecting the contract
  • Cost, complexity
  • Project drivers
  • Time constraints

2. Bidding Process

  • Tender announcement
  • Pre-qualification
  • Bid Specification
  • Clarification procedure
  • Bid
  • Evaluation
  • Negotiation
  • Contract award

3. Formation of a Contract

  • Offer & Acceptance
  • Termination of offer
  • Counter-offer
  • Consideration
  • Intention to Create Legal Relations
  • E-Tendering
  • Electronic Transactions

4. The Legal Status of a Request for Tender

  • Invitation to Treat v Offer
  • Request for Proposal / Request for Tender (RFT)
  • Traditional Analysis
  • The New Concept of a Process Contract
  • The 2-Stage Contract in Tender
  • Binding Relationship in Pre-Award Stage
  • Common Mistakes in Tender Process
  • Negligence
  • Stanco Projects case-study
  • Estoppel
  • Effect / Losses caused to Tenderer
  • Remedies for Breach of Contract
  • Aim of Damages
  • Remoteness of Damages
  • Liquidated Damages
  • Right to Forfeit Deposit

5. 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
  • Negotiation after Closing?

6. PRACTICAL ASPECTS – The Request For Tender (RFT)

  • Key contents of RFT
  • Contents in Invitation to Tender
  • Clarity in drafting of the specifications in the RFT
  • Instructions to Tenderers
  • Conditions of Contract
  • Tender Specifications
  • A Walk-Through Analysis
  • Scope of Works Coverage (Scoping)
  • Prices & charges (Cost Schedule)
  • Performance Standards
  • Monitoring of Work Site
  • Bribery
  • Termination & its Consequences
  • Transfer & Assignment
  • Jurisdiction & Governing Law
  • Amendment to Contract
  • Notices
  • Independent Tenderers
  • Job Descriptions
  • Identifying relevant Selection criteria for the project
  • Mediation & Arbitration
  • Group Discussions
  • Practical Exercises & Quiz

7. Evaluation and Selection of Tenders – Practical Aspects

  • 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

8. Risk Management in Tender Bidding Process

  • Binding Process Contract
  • Non-binding relationship
  • Flexibility within RFT
  • Documentation
  • Diligence in Drafting Tender Documents
  • Fair & Equal Treatment to all Bidders in Tender Process
  • Training to highlight Risks
  • Misrepresentations to Bidders and Tenderers
  • Reducing risk being non-compliant bids

9. Sharing Best Practices in Bidding

  • How to Win Bids? What 7 things client wants …
  • Bid or Don’t Bid?
  • What is your strongest market­ing tool?
  • Guidelines for Bidding
  • Points to look out for in Tender Documents
  • Managing Bid & Bidding team
  • 6 Key features of good bid summary
  • 4 Guidelines on Technical Writing
  • Making good use of graphics
  • The 5 Cs Essentials in Bid Editing
  • Basic structure for CVs
  • How to not annoy bid evaluator
  • Sharing Moral of true stories

Prof Catherine Tay Swee Kian has more than 35 years of experience lecturing law as Associate Professor at the National University of Singapore (NUS) Business School, Department of Strategy & Business Policy.  She is a Barrister-at-law from Lincoln’s Inn, United Kingdom.  Prof Tay is also an Advocate & Solicitor of the Supreme Court of Singapore and an author of several books including her best seller books on Contract Law and Director Duties & Corporate Governance.

Prof Tay studied law at Queen Mary College, University of London and graduated with an honours degree in Bachelor of Laws and a degree in Master of Laws, in which she specialised in Company, Shipping, Insurance and Marine Insurance laws.  She was called to the English Bar by Lincoln’s Inn in 1978.  She did her pupillage under the Honourable Lady Mary Hogg in London and returned to Singapore in the law firm of Rodyk & Davidson. 

Prof Tay won the Aw Boon Haw and Aw Boon Par Memorial Prize for the overall best student in 1980 during her postgraduate practical law course in Singapore. She was called to the Singapore Bar in 1980. 

Prof Tay is currently a member of the National Healthcare Group Institutional Review Board (IRB) of Domain Specific Review Board tasked to review the scientific and ethical aspects of research protocols since 2002.  She received her 15 Long Service Award from NHG IRB in 2018.  She is also currently a member of the Centralised Institutional Review Board (IRB), Singapore Health Services Pte Ltd tasked to review clinical protocols for human subject experimentation.  A/Prof Tay was a member of SingHealth Polyclinics IRB since 2003.  She received her 10 years Long Service Award from Singhealth Centralised Institutional Review Board in October 2019. 

Prof Tay was also a member of the Research & Ethics Committee of Alexandra Hospital. She was also the medical-legal adviser of the Institute of Mental Health / Woodbridge Hospital. She was a member of the panel for lay persons for the National Transplant Ethics Committee, Ministry of Health in 2009-2011.

Prof Tay 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 numerous papers at many conferences and seminars on Business Law, Medical Law, Company and Insolvency Laws both overseas and in Singapore.  She is an examiner on law subjects for a number of professional bodies in Singapore and overseas.

Prof Tay conducts in-house customised corporate programmes and seminars / workshops for commercial firms, banks, hotels, hospitals, statutory boards and companies, clubs and associations on topics such as contract management; corporate governance in both public and private sectors including public-private partnership contracts; tender bids bidding in procurement contracts; service level agreements and tenancy agreements. For over 7 years annually, she was the Programme Director, for a Singapore-Commonwealth Third Country Training Programme, Singapore-Commonwealth Advance Seminar for Chief Executives 28 May – 7 June 2008, jointly sponsored by Ministry of Foreign Affairs and the Commonwealth Fund for Technical Co-operation Commonwealth Secretariat London, United Kingdom at Training Institution – National University of Singapore Business School.

Prof Tay has supervised medical students in electives on Medical ethics & medico-legal subjects at the NUS Yong Loo Lin School of Medicine, and also for University of Manchester at Singapore Polytechnic. She also lectured nursing students in nursing law and ethics at the NUS Alice School of Nursing as well as in Nanyang Polytechnic. She has lectured medical law and biomedical ethics in the NUS Faculty of Dentistry for more than 15 years. She has lectured in executive training courses at the NUS Extension in professional and business management law courses for over 34 years.  A/Prof Tay was the external examiner on medical law ethics at the Hong Kong University, Law Faculty (2007-2008).

Prof Tay was a Visiting Consultant and adjunct lecturer at the Institute of System Science, NUS for over 16 years lecturing IT outsourcing contracts, intellectual property and contract law. She gave lectures in Industrial Relations and Labour laws at the Ong Teng Cheong Institute of Labour Studies for over 12 years on labour laws in industrial relations. She was also the local teaching affiliate lecturing business law for Adelaide University, Australia.  A/Prof Tay is the Honourable Legal Advisor for Singapore Optometric Association, as well as for the Singapore Institute of Engineering Technologists.

Prof Tay lectures on “The Legislature, Policy Formulation & Implementation for Good Governance” to Ministers from Nigeria, Kaduna State Legislators” on 16-18 April 2018 at Singapore 2018 Capacity Building Retreat at Singapore Institute of Management (SIM) Professional Development. She also lectures on “Leadership & Governance” to Legislators from Kenya, 21-22 May 2018 at SIM Professional Development. She also lectures Public-Private Partnerships (PPP contracts) and joint ventures to global audience. She gave lectures several times on Corporate Governance to bankers from Uzbekistan.


06 – 07 Dec 2021

Course Fee


The class offers in-class or virtual learning
  • Time: 9 am – 5 pm
  • SkillsFuture Credit eligible
  • MIS Member enjoy 10% Discount
  • Register for 8 or more participants to enjoy 10% Group Discount