Transcripts
1. Overview and Definition of Tendering: In this video, we're going to
look at what tendering is, its advantages and
disadvantages, prerequisites for tendering, documents used in
invitation for tenders, pre qualification
before tenders, selection criteria, post tendering negotiation
and contract award. Obviously, those are many
things to talk about. So let's just jump into it. Most of the time
when you're talking to somebody and you ask them, what exactly is tendering. You're always going
to give you an answer something
along these lines. This is when you get a
deal to supply things in a company or some
government agency. Well, if they tell you that,
that is not all tendering. That just means that
they got the tender, they're talking about
a person who gets a tender. Exactly is tendering? Well, you can look at it as the public release or public communication
by an organization of the requirement of
goods or services for a project in order to allow
formal bids to be made. To supply these
goods or services. We can simplify
that. You can look at it from a rather
simplistic point of view. In which case, tendering is the process by which an
organization, in this case, the client organization
or the employer invites contractors to place a bid for work on a
construction project, supply of goods or even
provision of services. What's happening here is that
if a company has a problem, they publish invitation
to tenders, the ITT. Suppliers, potential
suppliers will see that and then they'll
make the company offer. The company is
simply saying that we have a problem of some sort, and we need you the supplier or the contractor to make us an offer regarding how
you're going to fix that and how much
it's going to cost us. We're going to talk about that. Now, let's continue. That
is what tendering is.
2. Advantages and Disadvantages of tendering: What are the advantages and
disadvantages of tendering? I kind of mentioned
that invitation to tenders is just an
organization's way of trying to get offers. This is not the
only way to do it. There are a number of
ways an organization can get offers from suppliers. But we're not talking
about those other ways. But just so that you
can mention them just so that you have an idea which
other ways this could be. An organization can use things
like request for pricing, request for quotation,
basic inquiries, all of which are complex
in their own way. But when dealing
with high value or high risk patches in which
transparency is key, then tendering becomes the
most appropriate choice. Why is that the case?
Well, the answer is simple because of the
following advantages that tendering offers. Number one, transparency. See if you're working or the
organization is one of those is one of those scenarios
where transparency is key. Let's say it's a
public organization, and you kind of want to
prove to people that you want to show people for
public relation purposes, that you are a
transparent organization. Then it means that if
you need something to be supplied and
then, you know, you go through the
tendering process, it means you didn't
just ask your brother, your sister to
supply those things. You actually
requested suppliers. So that's one thing. That's one of the advantages of tendering. Transparency. Number
two, an established, accepted, and generally
understood process. Yeah, that's what tendering is. I just don't take up and say, Hey, we have a problem, we need to be fixed,
let's fix it. You know, the organization
will at some point, sit down and say, if you want to get things
from the supplier, how do you make sure
that the process works? What are some of the
challenges that you might face and then they say, these are
we're going to go about? We're going to put out
invitation for tenders, they're going to
get rid of the pre qualified the
unqualified suppliers, dc pre qualification process, and then you're going
to vet the suppliers, and then you're
going to, you know, post tender negotiation,
if need be, then you're going to I mean, the process is all
laid out there. That is one of the
advantages that tendering process offers
as opposed to just saying, look, you deal in computers, you can't computer supply them, and then
three weeks later, you realize that the
guy is telling you, we cannot finance the computers. So why don't you pay
a staff and then I mean it get rid of
that kind of problem. Now, number three, it
allows for an audit trail. I mean, the paperwork obviously
makes it possible for you to look at the organization and answer the question,
where did this money go? Or how did the suppliers
get to be here? Or what to supply,
how much did it cost? How did you know that a trail that can be used to
audit the entire process. Next, it safeguards
against verbal contracts. You see, there's an
advantaged writing contracts. First of all, you have
to understand one thing. A contract is going to be
legit it's verbal or not. The problem is that verbal contracts are
difficult to prove, and that in itself poses
a number of problems. So if you're dealing
with suppliers and the entire thing is based
on a verbal contract, then you're going to have
a hard time proving that the supplier actually supplied what you did not
want or the supply, whatever the supplied is what
you actually requested for. So to avoid that, the
tendering process makes it easy because
everything is written down, be it in actual paper or
be it in electronic paper. The point is there is evidence that a
transaction took place. Now, that is important because that helps you
to understand rather to safeguard yourself
against the risks associated with
contracting verbally. Other disadvantage, the
other advantage rather is it allows for easier
way to compare offers. Next, both parties
benefit from the process. I mean, I'm the supplier. You are the buying organization. You've told me what you want. I'm telling you
what I'm offering. Based on the process,
we gain because Um, I could negotiate and
then later tell you that as much as you wanted this thing to be done this way, I have a better way of doing it through the proposal that
I might present to you. Also, the buying
organization kind of benefits because they
don't have to, you know, it kind of helps them to just get offers from the
best suppliers. So both parties tend to
benefit from the process. Next, it is the easiest way to comply with the
organizations. Procurement policies. That doesn't mean
that everything is just good with the
tendering process. It also has a number of disadvantages which
you need to look at. The disadvantages of
tendering process will include things
like number one. It can be very bureaucratic. Number two, it may
provide a barrier for small and medium enterprises
because think about it, these are small companies. And you are looking at their financial records for the last I don't know,
four years or something. The is a company that
started last year. Yes, they can they they can, you know, they can
solve your problem. They can supply whatever
it is that you need. But because of their
financial position orther because of their
financial history, which is non existent
since they started last year, they
get disqualified. So that's a problem
with the process. Next, it can be a triumph
of process over substance. Again, somebody goes through
the process and you think, well, they won't because they
went through the process. I mean, everything that
you're checking for. The pretender kind of prerequisites to
tendering the pass. You come to the evaluation
process, the pass. But then they're not
really that good. So, the process made them win, but the substance
they're offering isn't perfect. That
can be an issue. Next, it can inhibit flare,
creativity and innovation. Number five, it can be
expensive for all parties. Because of the time it takes
to prepare the materials, time it takes, you know, the entire process can
just be expensive, and so that can be a challenge. Next, it can inhibit
negotiation, and the last prices
submitted are often inflated to allow
room for negotiation. Yeah, well, people are smart. I mean, they know that they
are kind of allowing for a wiggling room because if somebody has already
done tenders before, they know that at
some point there could be a post
tender negotiation. And that isn't even the case, before you add a contract, you're still going to negotiate over some terms
in that contract. One of the terms you may
want to talk about is price. Somebody might give
you an inflated price because somehow they're
telling themselves that we are still going to
negotiate about these things. Let's allow for room
for negotiation, so that can be a disadvantage. Okay.
3. Prerequisite for Tendering: Talk about prerequisites
for tendering. Basically, before you
invite for tenders, what are some of the
things that you look for? Now, there are a number of things that you need to look at. The first thing that
you need to understand is what exactly do you want? This way you're going
to get good value for money. You're
going to invest. I look, if you're going to
spend money on something, then you might as well as know why you're spending
money on that thing. Because how do you know
that you've gotten return on your investment if you have no idea what
you even wanted. Start by asking yourself what exactly is it that you are looking for what exactly
is it that you want. And by doing this, rather this process means
that you can focus on things like outcome based
specification or output. Remember whatever it is
that you is going to be put down as the specifications. You're going to write it as
part of the specifications. If you're going to
write an outcome based, outcome based specification,
this is what that means. You focus on what is to be achieved rather than
how it should be done. Now, an example of that would be let's say the tender is
about certain gadgets. You are dealing in cars, and then there are these gadgets that are supposed to help with the reduction of
greenhouse gases emission. In that tender, under the specification in that
invitation to tenders, under the specifications, you might say that
something like this, what you expect
from the supplier. It could be something
like the gadget shall reduce the emission of greenhouse gases at rate x
within the environmental poly. Second thing that
you might also that might also help you
to understand or to know what exactly
it is that you're looking for when you're
doing a specification. You can use the function
based specification. Now, unlike the other unlike the outcome based specification, the idea is to ensure that your specification points to
what the requirements should do or be able to do as opposed
to its technical profile. Let's say that the entire attend is supposed to be
for web designed. Under the function
specification, what you're actually
saying is that it could be something
like a landing page. Rather than saying I want
a landing page done with this coding language because that's just going to
make it technical. You say you tell them what to expect the
landing page to do. I want you to capture leads, I want you to send the
leads to an email, I want you to make a
list, whatever it is. You are explaining
the function that you from from that
particular landing page. That is function
based specification. It is advised to have some
of your specification terms described using
commonly used standards like the European standards, the British standards, the international standards,
the ISO, basically. That is not to say that you
can't use technical terms. I mean, if it is an
engineering tender, of course, you're going
to use technical terms. I'm just saying that you
have to balance that. You can use outcome based, you can use function
based and they'll work.
4. Documents used in Invitation to Tender (ITT): Now, let's talk about something else as part of the
tendering process. Let's move on to the
documents that are going to be needed in the
invitation to tender process. What documents are you going
to need in this process? Some of the documents that are
going to need will include a covering letter,
providing instructions. So we're going to
talk about I mean, the cover letter is
going to talk about instructions that you
expect the suppliers to comply with things
like labels to be used, return date, contract
names, numbers, ETC. Of course, your
letter will also have some disclaimer or
some, you know, you're going to have some line that explains
rather that states something like we are not bound to accept
any or the lowest tender. So that is just you covering
your basis legally. Okay. Number two, you'll also need an
acknowledgment form. Number three, specification. We already talked about
that. You're going to provide the specifications. Number four, a cost price
and delivery schedule. Number five, a detailed
breakdown of production cost, things like your margins,
things like overhead. I mean, things that
are the supplier is going to be comfortable to disclose so that you can
understand as a buyer, what exactly are you paying for? Number next, a quality schedule. Number next, assigned declaration
of a bonafide tender. Eight apparent
company guarantee or performance bond to be
completed as appropriate. Nine series of
questions on policies. For instance, health and
safety, environment, social responsibility,
all of that, all of which expect the
supplier to respond. So these are going to
be, you know, questions. You're just addressing
the suppliers. You're asking them, what
is the tack on, you know, for example, their health
and safety standards, how are they doing it? Things like the
environmental policies. If you are concerned with, you know, the green environment and all that.
So these are questions. Any questions that you lect the supplier to
answer so that it can clarify whether or not clarify their position
in that tener basico. And next a list of information required on the suppliers
company profile, assuming they've not given that. Next, request for the
suppliers company accounts. So the last three years
financial statements. If they've not supplied
dozens, you may want dozens. And finally, a list of satisfied customers along
with at least one reference. All that is going to help you to understand you and the supplier
understand each other.
5. Prequalification and selection criteria: Not to avoid since if
you put out an advert, an invitation to tenders advert. You're going to get many people, all of you believe that they are qualified to avoid dealing with people who
are not qualified, it means you have to go
through or you have to set up your pre qualification
before inviting tenders. Let's talk about that. The pre qualification
before inviting tenders. There are a number
of strategies. There are a number of criteria that you can use to get rid of the suppliers or the contractors who
are not qualified. Some of those will include things like financial standing, check for that,
quality procedures, capacity and competence,
track record. By doing that, of course, the ones are not qualified, you'll have to go away. It's not like
they're going away. They just want to make it
to the selection process. Speaking of the selection
process, let's talk about that. Now that you've gotten rid of the suppliers who
aren't qualified, how then do you select
suppliers who are qualified? Let's talk about
selecting the suppliers. For starters, the process is not going to be
different from that of pre qualification because
you can decide to look at something like
the financial status. Now, the second way can be to
take a look at things like qualitative and
quantitative criteria such as materials used, applicable standards, price, track record,
the proposed solution. I mean, that's another way to decide if the person
is qualified or not. You can also look at things like quality of
product or service, delivery times, terms
and conditions. Now that is going to be
more in line of payments. What are the payment terms, what are the warranties. Next, you can also
look at costs, the initial cost that cost
plus the whole life cost.
6. Post Tender negotiation and contract award: Um, now let's move on
to something else. Let's talk about so you've gone through that
entire process, right? You have a selected candidate, but you've not given them the contract or you've
not awarded the contract. So you still aren't negotiate
in between you, okay? And that means post
tendering negotiation. Now, let's start by defining
post tendering negotiation. No. This is the kind
of negotiation that takes place between the client,
that is the organization. And the potential supplier after receipt of
tender or tenders, but before contract is awarded. Now, you're not
supposed to confuse this with tender clarification. Because tender clarification
is a different thing. Tender clarification just means that the procurement
officers meet the potential bidders to clarify certain aspects of
the tender document. Post tendering
negotiation takes place after the tender evaluation
process has been concluded, but before the contract. The number of reasons why people get into post
tendering negotiation. Some of those reasons
could include things like the prize or alteration of certain aspects
to the proposal. The post tendering negotiation is actually a good way to
get value for your money. Remember, it's all
about the bags. The rest is conversation. As a procurement person, it's your job, it's your duty. It's your duty to figure out if you're going to need post
tendering negotiation, No. Do you figure out if yes, you've gotten the supplier, do you just start the contract, or do we still want to talk about some things at this point? Once you figure that one out, and then you can go
ahead and decide, let's negotiate or
let's not negotiate, especially in
public procurement. Now, if all you're
interested in is to get the best and
final offer before, then there are a number
of ways that you can do that that
don't necessarily involve or include post
tendering negotiation. An example here could be something like sending to
suppliers on anonymous basis, a list of all the cost or prizes obtained and inviting their
best and final offer. Number two is reverse options. In this case, in the
case of reverse options. Options. What you're
actually doing is you are asking the suppliers to
give you their Final offer. The lowest offer. They just have to
outbid each other on proposing lowest offers. Until A, they're accepted
by the buyer or B until the other suppliers decline to reduce the
price any further. You see this a lot
in online auctions. You go through the
entire process. We started, you started
by understanding what tender tendering is and
then we went all the way. Finally, you've done your
post tendering negotiation. It's timed to award
the contract. Let's talk about
that. Let's talk about awarding the contract. Once you have the suppliers
or the supply that you need, a contract should be negotiated,
finalized and signed. What I want to understand
is that invitation to tenders is just a way
of you getting an offer. What is an offer? An
offer is basically an expression of willingness to get into a contract on certain terms if those
terms are accepted. So Before you jump into
giving a contract, you need to make sure that you are on the same page because
now with a contract, you have a legally
binding agreement. Negotiate the
agreement, make sure the terms are understood
and then sign it. What are you going to do next? You're going to
make three copies, sign all the copies, send
them to the suppliers, make sure they sign all the
copies and return s to you, and then you can
start the process. If there's any
question, let me know and I'll see you
in the next video.
7. Understanding RFP and Its main parts: In this video, we talk about how to write a request for proposal. What is a request for proposal? Well, the name tells
you what it is, I mean, it's there in the title. Anyway, a request for
proposal or RFP is issued by an organization to
obtain proposals for the supply of inputs
to the organization, usually goods or services. Proposals in this case, what is commonly referred to as bids or offers in the
world of tenders. So by requesting for proposal, the organization is
simply saying, hey, look, we have this problem,
and we need somebody who can tell us how or somebody who can
propose a solution. How are you going to help
us get to one to three? That is what the request
for proposal actually does. So when an organization puts it out there, they're
simply telling you, the supplier, or the contractor, that is the problem
you're facing. So kindly suggest a solution to that problem and then
tell us how much it will cost the organization
to finance the f. At times, an organization
may use a request for RFT, which is alternatively called an invitation to tender
or invitation to bid when seeking offers for the supply of inputs
to the organization. And with that, you can ask yourself or somebody might actually propose this question. Is there a difference
between RFP and RFT? Of course, there has
to be some difference, otherwise you won't
have those two terms. So a request for
proposal is used where the requirement is less
prescriptive or less defined. So that means when
an organization requests you to do that, okay? When the organization puts
out a request for proposal, they're simply saying,
is the problem. And therefore, you
expected to be creative in proposing
the solution? Because we have an
idea of what we need. We just don't have the details or the technical details
of how to go about it. Like basically,
it's like saying, well, I'm starting an
commerce business, and for starters, I'm looking
for an e commerce platform, and that's pretty much it. And so can you help
us come up with one? I mean, yeah, yeah, I have a rough idea
of what I want. I just don't know the details that go into making that thing. So in that case, I'll say, write me a proposal, tell me
how we're going to do it. And since I'm sending this thing out there to more
than one supplier. I mean, it's pretty
much anybody who can do it is going
to respond to it. So that means I
get to get ideas, various alternatives
to my problem. So that is why the
organization does that. Another example would be, let's say I want a studio. Now, I know some things
that a studio will need, and probably they'll
need a camera, a microphone, lights, you
know, the basic stuff. But as far as interior
decoration is concerned, I have no idea how
to go about that. So I may want somebody, okay, some interior designer to
propose a solution to that. So they write me a proposal, tell me what they're
going to do, and if I like the proposal, then we are a game In contrast, the request for tenders, invitation to tender,
invitation to bid will be used for more
exacting requirements with tender latitudes
correspondingly reduced. So in this case, I'm saying that you know exactly
what you want. In that case, what
you're going to do well, you're going to use those ones. You're going to use
RFP. Here's the thing. Most organizations don't want to waste time going
through the request for proposal just to get bombarded
by unsolicited proposals. All proposals from people they don't really
want to work with. People are not
qualified to be writing those proposals by
people I mean suppliers. To avoid all that,
the organization can use things like request
for information, expression of interest,
basically refi and E or I to avoid all these. Now, these are open documents. And by open documents, I mean, they are the kind of documents
that if you act upon them, it doesn't really mean that you have a contact with
the organization. In fact, what they're
actually doing is that they provide
the organization with information to shortlist
the potential suppliers from whom they can then request for proposal or
request for tenders. So let's talk about
the main parts in a request for proposal. The templates used
in a request for proposal will differ, obviously. But the following are
the four main parts that all those templates are going
to look rather to have, irrespective of whatever
format you're using. They're going to have the
following four things. Number one, instruction to proposals and
proposal conditions. Number two, the requirement. Number three, information to
be supplied by proposals, and number four, the
proposed contract. Now, as part of this, as part of this
learning process, I've used some of the
materials from the CIPs, basically the
Chartered Institute of procurement and supply. I mean, those guys are
all about procurement. So you can also check them out and see some of
the materials they have, but I'm using some
of the materials as a guideline to help
you develop your RFP.
8. PART ONE: Instructions to proposers: Again, I just want
to point out that if you're in a position
to make sure that you download the template that comes with the PDF template that
comes with this video, and you can use it
as we go along. So let's start. Let's talk about the first thing
that you need to do. Number one, distraction to proposals and
proposal conditions. So this part is going to
set out the expectations, obligations, and
requirements for the buyer and the proposer
while the RFP is active. So here you have a definitions. It's always a good
idea to start with defining the terms
you're going to use and basically to avoid
confusion as you go along the the proposal. By definitions, these are the things that you're
going to define, things like company
name contract, contractor, proposal,
reposer requirement. What is any of
those ones going to mean as far as the
proposal is concerned? Here's what I mean, I mean, you can also use the template to understand more about this, but he's I mean. An example, by a company. Company means then you insert
the name of the company. Contract means any contract that results from this
request for proposal, contractor means the
entity that forms a contract with the company
for provision of requirement. Proposal means a written offer submitted in response to
this request for proposal. Proposal means an entity
that submits or is invited to submit a proposal in response to this
request for proposal. Requirement means the supply to be made by the contractor to the company in accordance
with part two of the RFP. Okay. By part two, I mean
the part where you're going to be talking
about your requirements. So if your requirements
are in part three, then you might as z
in accordance with the maze in accordance
with part three. But for the sake of this one, part two is going to be how we talk about the requirements. Again, look, if you can, just download the
PDF so that you can go along with this you
do have to one, wait. What is that and where
is it coming from? Now let's move on to the next thing is to write
a summary of requirements. The idea is to summarize the
requirements in such a way that the proposal is going to have an idea
of what you want. So as an example,
is something that I downloaded or I accessed from one of the UN ADs RFP that they wrote
some years back. So is an example of requirement. The purpose of this request for proposal is to enter into
a long term agreement, LTA with successful bidders and select suitable
contractors to carry out the ongoing IT
outsourcing needs of the UN ads for a duration of two years starting
in April 2015, with a potential extension
of one additional year. U NAD is seeking functional and
technical skills in the following areas of
information technology. That is open source development, and then using Drople PHP, or whatever, system and
database administration, project management,
business analysis. UN aid is an organization
that is dependent on the budgetary and extra
budgetary contribution it receives for the
implementation of its activities. Bidders are therefore
requested to propose the best and most co
effective solution to meet UN aids requirement while ensuring a high
level of service. That is an example
of requirements. Of course, you can
do better than that. I mean, I'm not saying
that is but that is good. But I'm just saying
you can do better. Depending on whatever
it is that you want. So Understand your requirements,
what do you want them, what problem do you have so that they can write
a proposal to that. If you put out bad requirements, then it just means
that they're going to write a proposal that is not
going to meet your needs. The next thing that
you want to worry about is the structure
of the document. The reason why
you're doing this is because you're trying to help you you want to make sure that wherever wherever
is reading the proposal, and also wherever is reading it, they know where they can find activities that
they're looking for. I'm talking about
having a structure like for instance,
title, part one. Part one, you have
something like instruction to proposals and proposal condition,
p two requirements, part three information
to be provided, but for proposed contract, and then the description
or exactly is contained in all of these parts. So you make sure
that you have that. Now the next thing that you also want to make sure that is there in your RFP is RFP key dates. The been the dates so
that we can know when is what happening or what is happening at any given moment. I mean, things like some
of the key dates will include things like
RFP issue date, date for the proposal
acknowledgement, date of proposal briefing
or site visit, if need be, RFP closing date and time estimated contract
award date, all that stuff. So you need to make
sure that of course, if there are things
that you want to add, you can also add. Uh, remember, they said, this is just a template, okay. There are various ways you can write a request
for proposal. So, you know, it's all up to
you. What are the key dates? What are the key
important dates, and then you put them there. Now, next, company
contact person, so the company contact, who's the key contact person? I mean, look, in case somebody in case a
supplier is writing this, and they need some
clarification or something. Whom do they contact.
Put the name there. You're talking about
things like the person's name, their title, their contact number,
whatever it is, e mail address, all that stuff. Make sure that that one
is also there in the RFP. Now, next, queries and
questions during the RFP. At this point, just
want to show that the process is going
to be a fair process. In case the supplier or the
proposer has some doubts. So you are kind of solving just melting down
all those doubts. You could have a clause that
says something like this. Proposal are to direct any queries and information
regarding the RFP, content or process to
the company contact. No other company personnel are to be contacted
in relation to the RFP unless directed to do
so by the company contact. Company reserves the right
to disqualify and reject proposals that do not comply
with this requirement. All questions should be
submitted in writing, either by post fats or to
the nominated email address. Company may choose to convey response to submitted questions and queries to all proposals so that each is equally informed. The next thing you want
to put down there is proposal briefing and
site visit, if need be. It could actually be
a case that I mean, imagine you RFP for
construction of a school. So It doesn't matter
how good I am with my architecture or
construction company. I'm just going to start writing a proposal when I've not
even visited the place. I need to know what does
the land look like and all that stuff that matter to
people who do construction. They may want to visit the site. You need to tell them something
like company will hold an RFP briefing session to further familiarize proposals
with the requirement. This briefing will also include a visit to
the company site. A maximum of two representatives
from each proposal is permitted to attend the RFP briefing
session and site visit. Further details regarding the RFP briefing
session and site visit will be provided to proposals. The next thing you want to
talk about is amendments to the RFP documents. This is where you show how any changes are
going to be handled. In case, they are changes, how are you going to
handle those changes. It could be something
like company may amend the RFP
documents by issuing notices by way of
formal you know, whatever you want to put
there by way of formal, you know, variation or
agenda, to that effect, all proposals may extend the RFP closing date and
time if deemed appropriate. Some companies get
crafty with this. I mean, they put out an RFP. And then you do whatever
you want to do. But since you want to
eliminate some of the people. They change something,
they do a variation, and then they send an e mail or through whatever channel they
say they're going to use. Now you're stuck there.
You didn't read the thing, and come the day, you're
disqualified and you wit. How did that happen?
Well, because we changed a few things that you didn't
change in your proposal. You always have to
make sure that you have open lines
of communication, and they say they're going to do this and
they're going to do it through these platforms,
you pay attention. Next, proposal, lodgment
methods, and requirements. These where you actually
give instructions as to how the proposal is
going to be submitted. Talking about things like
proposers must submit number of copies of their proposal
to the company in any of the following
methods by post, you'll give the postal
address by e mail. Of course, you give instructions regarding that one by hand, you give instructions,
and so on and so forth. The next thing you
want to bring out is the plan in case of
ledge proposals. You could say something like proposals are responsible for submitting their
proposal prior to the RFP closing date time. In accordance with the
acceptable lodgment requirements described in clause blah, blah, blah, you give a give
a number as of that clause. There will be no allowance made by the company for any delay in transmission of the proposal from the proposal to company. Any proposal received
by the company later than the stipulated
RFP closing date and the time may be removed from further consideration
by the company. Yeah, that is important. You need to tell them that
so that you don't have to deal with people who are submitting
the proposals late. But the next thing
you also want to talk about in your RFP is rules regarding
acceptance of proposals. Why is that important? Now, you have to understand why
are they doing this? See, the proposal is going to lead to a
contract down the line. So you want them to
know that accepting a proposal is
necessarily the same as Accepting that you
have a contract. Basically, you need to cover yourself legally as far
as that is concerned. I'm talking about something like proposal may be for all or part of the requirement and
may be accepted by company, either wholly or in part. A proposal will
not be accepted by a company unless and
until company assigned a contract or sent a notice of award in writing for
the successful proposal. Company is under no
obligation to accept the lowest priced proposal
or any proposal and reserves the right to reject any
proposal which is complete conditional or not complying
with the RFP document. That is one of those parts
that you don't want to leave out in your
proposal because look, you have to limit
your liabilities. Okay? So these are
some of the risks that you encounter by
poorly drafting RFPs, and then you end up being sued. So you don't want
to leave that out. Now, next, validity of proposal. Okay, is what you need to know. Proposal are just like coffers. They're going to run forever. Okay. You want to
explain to them that this thing is only
going to be valid between this time and this time. Past that time, it's done. You have to make
sure they know that. You need to have something that states along the
following lines. Proposals submitted
in response to the RFP are to remain valid for a period of and
then you give them the time from the
RFP closing date. Next, talk about
evaluation of proposals. At this point. At this point, you just want to talk
about the company policies regarding how you're going
to evaluate the proposals. This is important because again, it will help the proposals to know what you're looking for. I mean, they could use it to beat the system, but
that's not the point. The point is, these are policies that you're
going to use so that if somebody is rejected, they know why they are rejected. Things like the minimum
selection criteria to be used in the evaluation of proposal include but are not
limited to the following. You can insert the criteria. These criterias are not
in any particular order, nor do they necessarily
carry equal weight. Company may request
additional information from proposals to assist further
evaluation of proposals. The more prescriptive, your definition of
the criterias are, the more weight it puts on you. But it doesn't really matter. It depends on your policies. What are you going to
look at? Is it cost? Are you going to look at
track record of the proposal? I mean, there are many
ways to evaluate these. It depends how are you going to select the qualified person and the person who isn't the proposal that
isn't qualified. Now, the other thing that you also want to
make sure that is available there will be
regarding withdrawals. You could end up having
something like this. Proposals may be withdrawn
at any time prior to the RFP closing date and time by written notice
to the company? The next thing that
you also want to make sure that is available there is a clause stating that proposals
are to inform themselves. It is important to make sure
that you have that clause. It's one of those clauses that just again help you
to limit your liability. It could be something
like company has taken all reasonable care to ensure
that the RFP is accurate. However, the company gives no representation or warranty
as to the accuracy or sufficiency of the
contained information and that all proposals will
receive the same information. Proposers are required to inform themselves fully of
all conditions, risks, and other circumstances
relating to the proposed contract prior
to submitting a contract. Proposed prizes shall
be deemed to cover the cost of complying with
all the conditions of the RFP and all of the
things necessary for the due and proper performance and completion of
the requirement. The next part, you want to make sure that the proposer knows your standard as far as the cost of preparing the proposal. Now, why are you doing
this? You're doing this because we really don't want them to do
something and then later think you're going
to reimburse them. So you're going
to have a clause. Well, unless you're
going to reimburse them. So you're going to have
a clause that states something like all
costs relating to the preparation
and submission of a proposal are the sole
responsibility of the proposal. Company shall not
pay any proposal wholly or in part
for its proposal. After that, you want to
talk about confidentiality. Of course, that will depend on the type on the type of proposal on the nature
of work to be done. So you could have something like this as a clause in your RFP. Except as required for the
preparation of a proposal, proposal must not without company's prior written consent, disclose to any third party any of the contents
of the RFP documents. Proposals must ensure that
their employees, consultant, and agents are also bound and comply with this
condition of confidentiality. Of course, these are all those areas that
you're going to have to seek legal advice on, okay? Because you may end up having cases where somebody says there was comp
right infringement, there was whatever,
look, seek legal advice. Next, inconsistencies
and omission. I mean, it's not like if you cannot make a mistake.
We all make mistakes. So this is where you
want to bring out the question of what if there
is a mistake in the RFP? Or what if the company
has made a mistake? So you can have something
like this in that RFP. Proposals must promptly
advise company in writing of any inconsistencies
and omissions they discover in the RFP. Why are they doing
that? Because look, you know, somebody can actually exploit a mistake
and profit from that. So you just want
to let them know that if they try to
profit from your mistake, you can later just say, look, these are mistake we made, and this is the clause that we wrote that says that we are in a position
to make a mistake. I mean, you could
have made a mistake. So if you did it, we're
not really going to be held liable for that or held accountable for
that. Here's why.
9. PART TWO: Setting out the Requirements: Now, the next thing
you also want. Again, I just want
to point out that there's a PDF that
you can download that goes along with this
so that it makes it easier for you to follow along as you're watching the video. Now the next thing
that you also want to make sure that is there in your RFP is number
two, the requirements. Remember, everything
you've been talking about is part of number one, which was instruction to proposals and
proposal conditions. And so now we're talking
about number two, which is the requirements. So what are these requirements? The idea here is
to make sure that you've actually stipulated
the requirements. What exactly do you need the
proposals to talk about? What is the problem that you're having so that they can
propose a solution to that. Um, you're going to have
something like this. Background and context
for the requirement, organization's overview,
including contract details. So who's involved
in the requirement, who specifically are the
customers of the requirement, who will be the
principal point of contact in the
buying organization, Litail descriptions
of the requirement. There is something else that
you also want to bring out. Sometimes requirements
need to be very technical. And prescriptive, setting out exact obligations like weights, size, color, and distance. In other situations. Usually in a case of
RFP and not in RFT, the requirement can be more functional or
performance based and describe the expected outcomes or the problem that
need to be solved. Next, you can also
use drawings and diagrams to give more details
as to what you expect. Next, mention quality
requirements, performance standards, You also want to
talk about whether they're going to be some
approvals required, things like external permits
or things like that. And finally, you also want
to tell them your inputs, the buying organizations inputs, what are you going
to be paying for, what are you going to provide if there's anything that you're
going to provide to help the proposals to understand
more about your requirements? Meaning, will the buying
organization be providing any services or materials in
support of the requirement, EG office space,
materials, computers, ETC? So you really need to be
careful when you're doing this. Remember, Aside
from the Part one, which was just instructions
and stuff like that, the requirement phase, this is the part of the
proposal that will actually end up becoming or end up
forming the final contract. So you really want to pay attention to
what you write here. You really want to pay
attention to the kind of information you give
out at this stage.
10. Information to be provided and proposed contract: Now, next, let's move on to
number three or part three. Information to be
provided by proposals. So far what you've
done is that you've told the proposals,
your requirements. Now it's time for you to move further and tell
them exactly what it is that you
want them to write back about in the proposal. This section of the RFP
sets out what information the buying organization want to receive from
potential suppliers. Again, I just want to remember, just like in the
requirements part, the information outlined
in this section is also going to form part
of the final contract. You have to be careful. Excellent RFP drafting
principle is to keep all response
obligation in one place. This way, the potential
supplier does not need to search through the whole RFP to work out what
questions need to be answered or information
to be provided. The information
to be provided by the potential suppliers tend to fall under three categories. These are pricing information other than price
commercial information, and number three
technical information. Pricing information. This section is going
to be used to collect the price and rates
from all the suppliers. The other one, non price
commercial information. Under this, you're
going to have things like form of proposal, company details, contact
information, TC, financial information, history, and previous
job performance, including reference
from clients, details of held insurance, compliance with the proposed contract terms and conditions. Then technical
information. So here, you're going to seek
information that will involve things like execution
plans and key dates, details of resources and key personnel performing
the requirement. Okay. Proposed subcontractors or outsourcing of any part of the requirement, quality
management plans, health and safety management
plans, environment, and sustainability
management plans, employee relation and industrial regulation
management plans, other management plans and administrative arrangements,
risk management plans, and mitigation approaches, transition or
implementation plans, and any proposed alternatives. Once you have all that in place, the final stage is going to
be the proposed contract. Your proposed
contract is going to be it's something that
you're going to talk about, but you can have a blank you
can have a draft contract, so that they have a clue as to what the contract is
going to be like. Now, this, whatever
you've just talked about, it's just a guide
directing RFPs. Download the PDF, which is a template and
then you can fill in. Of course, feel free to change what you don't
want and all that stuff. In case of any question,
do let me know mo, and I'll see you
in the next video.