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Table
of Contents
THE LAWS AND PRACTICES OF REQUESTS FOR PROPOSALS
(One Day)
CHAPTER I - COMPETITIVE
BIDDING
| A. | INTRODUCTION |
| B. | PURPOSE AND PROCESS |
| C. | TYPES OF COMPETITIVE BIDDING |
CHAPTER II - THE
LAWS OF COMPETITIVE BIDDING
| A. | INTRODUCTION |
| B. | COMPETITIVE BIDDING LAW IS CREATED |
| C. | THE BINDING NATURE OF INVITING BIDS OF ANY KIND |
| D. | TO WHOM ARE OBLIGATIONS OWED? |
| E. | THE EXPRESS OBLIGATIONS OF COMPETITIVE BIDDING |
| F. | THE IMPLIED OBLIGATIONS OF COMPETITIVE BIDDING |
| G. | THE DUTY OF FULL DISCLOSURE |
| H. | EXCEPTIONS TO THE DUTY TO DISCLOSE |
| I. | EXCLUDING THE OBLIGATION TO FULLY DISCLOSE |
| J. | THE DUTY TO TREAT BIDDERS FAIRLY AND EQUALLY |
| K. | THE CONFUSING NATURE OF "FAIRNESS" |
| L. | PRIME CONTRACTORS AND SUB-TRADE BIDDERS |
CHAPTER III
- OBLIGATIONS AND LIABILITIES OF BIDDERS
| A. | INTRODUCTION |
| B. | THE BINDING NATURE OF BIDDING |
| C. | THE INVITATION RULES GOVERN |
| D. | IRREVOCABLE BIDS |
| E. | ACCEPT THE TENDER CONTRACT |
CHAPTER IV - CREATING
THE RFP / INVITATION
| A. | CREATING THE REQUEST / INVITATION |
| B. | THE CONTENTS OF THE INVITATION |
| C. | FORMAT OF THE REQUEST / INVITATION |
| D. | BUILDING AN RFP / INVITATION |
| E. | KNOW WHO YOU ARE |
| F. | ALWAYS GET LEGAL ADVICE |
| G. | "CONTROLLING COMPETITIVE BIDDING" CLAUSES - INTRODUCTION AND WAIVER OF LIABILITY |
| H. | CONTROLLING COMPETITIVE BIDDING CLAUSES |
| I. | BEST AND FINAL OFFERS |
CHAPTER V - REQUEST
FOR PROPOSAL PRACTICE
| A. | EVALUATION CRITERIA |
| B. | MANDATORY REQUIREMENTS AND SUBSTANTIAL COMPLIANCE |
| C. | BIAS AND CONFLICT OF INTEREST |
| D. | PREQUALIFICATION |
| E. | COMMON PROBLEMS ENCOUNTERED IN RFP'S |
| F. | NEGOTIATION AND COMPETITIVE BIDDING IN CANADA |
| G. | EXCLUDING AND EXEMPTING LIABILITY |
| H. | CONFIDENTIAL INFORMATION |
| I. | COPYRIGHT OWNERSHIP |
CHAPTER VI - CASE SUMMARIES
