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Best Practices for RFPs and Bidding Projects PLUS Construction Contract Pricing Terms: 2-Part Series

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As the recipient of a proposal, either public or private work, how do you ensure that you are getting the best quality for the best price? As a respondent to an RFP, how do you ensure that you are answering the RFP adequately, not overpricing it or being unresponsive? How do you ensure that your proposal makes it to the short list and gets an honest, impartial review? In addition, contract terms are methods of allocating risks to the parties. Success of a project depends not on just the final price, but how risks are shared or shifted by the parties.  

 

These two very important on-demand training sessions presented by a construction attorney  and consultant are for anyone who needs to prepare, review, negotiate or manage construction contracts.   

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Best Practices for RFPs & Bidding Projects 
Presented by:
Eileen Englert, PMP, Navigant Consulting

Whether you are requesting a proposal or responding to a proposal request, the pitfalls in construction bidding are ripe for disaster. Unclear and conflicting documentation, incomplete scope, nearly impossible schedules, and a whole host of other issues can cause problems when preparing and evaluating proposals. If the price is too good to be true, then it probably is! Even if the schedule is unreasonable, someone will submit a price to do the work within the schedule – whether it is possible or not.

Regardless of the delivery method, in construction it’s highly likely that at some point you will be on both sides of the bidding game – as an owner, contractor or supplier – either selling or buying services and products. And each time, that product or service will be unique, requiring a unique, customized RFP or RFP response that addresses the individual requirements of the project or service. As the recipient of a proposal, either public or private work, how do you ensure that you are getting the best quality for the best price – is your RFP written to be overpriced or initially underpriced only to be inflated by change orders? Are you evaluating your proposals to mitigate claims and disputes in the future? We’ll take a look at key issues that can affect your responsive bid decision making, including:

  • Project requirements — Is the project description clear, concise and accurate?
  • Schedule requirements — Are they realistic? Are you going to pay for a schedule that is not necessary? What drives your schedule?
  • Basics of RFP writing — the who, what, when, and where of the project
  • Proposal evaluation — proposal dissection and uncovering the fine print

As a respondent to an RFP, how do you ensure that you are answering the RFP adequately, not overpricing it or being unresponsive? How do you ensure that your proposal makes it to the short list and gets an honest, impartial review? During the second half of this webinar, we’ll take a look at bids from both sides of the bid, including:

 

  • RFP responses — being clear, concise, complete and responsive
  • Assumptions and clarifications  — how long until you get put to the top, or the bottom, of the pile?
  • Substitutions and alternates — to propose or not propose…that is a tricky question!
  • Proposal evaluations — understanding how proposals could be evaluated
  • Following up — understanding why you didn’t win the proposal and how to modify your approach

Throughout this program, a basic checklist that can be customized to your specific requirements is provided along with answers to many questions that you might have regarding the bidding process.

This event features key insights from our knowledgeable construction expert:

Eileen Englert is an accomplished and results-oriented professional with more than 20 years of experience in various aspects of general contracting and construction management. Ms. Englert has developed specialized skills in procurement, contract administration, cost control, job cost analysis, project controls, scheduling, and dispute resolution. Ms. Englert’s claims and litigation experience includes evaluation and analysis of disputes with respect to CPM scheduling, cost analysis, productivity, procurement, and errors and omissions. Throughout her career she has acquired solid project management and project controls skills by directly managing construction projects ranging from $300,000 to $120M.

Construction Contracting Pricing Terms
Presented by:
Stephen A. Hess, Esq., Sherman & Howard, LLC

Construction contract pricing mechanisms serve the obvious purpose of fixing the contractor’s compensation for performing work. Just as important, however, pricing terms serve the function of allocating particular risks between the parties. Parties who are attentive to this risk allocation function can protect their interests during the contracting process and model their performance in a manner that shields them from unnecessary economic risks. At the same time, parties who are ignorant of pricing terms and their effects on risk allocation may incur liabilities or waste money in unforeseen ways, and they may spend resources in resolving disputes that have only minor economic consequences.

 

In this informative 90-minute webinar program, Stephen A. Hess of Sherman & Howard, LLC presents an overview of construction contract pricing terms, their role in allocating risks among the parties, and how parties can use pricing mechanisms to their benefit. Attend this program to:
 

  • Learn the ramifications of the two basic construction contract pricing mechanisms and their key variations.
  • Discover the key relationship between scope of work disputes and pricing mechanisms.
  • Understand “Cost of Work” and specific issues that arise under cost-plus contracts.
  • Recognize the different means of pricing change orders and force account work.
  • Define individual pricing terms of importance, including differing site conditions clauses (from a pricing perspective), Variations in Estimated Quantities clauses, and material price escalation clauses.
  • Recognize the risks of unbalanced bidding in government contracts.
  • And much, much more!

This training program features key insights from our knowledgeable construction expert:

Stephen A. Hess has been identified as a Best Lawyer in America in “Construction Law” and in “Litigation – Construction” through his practice with Sherman & Howard, LLC in Colorado. In addition to serving clients on matters around the country, Mr. Hess is an active author, scholar, and speaker. He is the former editor of the American Bar Association’s law review The Construction Lawyer and has served as Editor of Construction Briefings, a national construction law review. In addition, he has edited national construction law treatises. Mr. Hess has written numerous law review articles on topics covering the breadth of construction law and litigation, has spoken nationally at construction law programs, has written several treatises on litigation-related issues, and is an Adjunct Professor at Sturm College of Law (University of Denver), where he created the school’s Construction Law Seminar. He is a member of the American Arbitration Association’s National Roster of Construction Arbitrators.

Who Should Participate?

These recorded webinar training sessions are a must if you’re a public or private owner, construction manager, contractor, subcontractor, scheduler, consultant, architect or engineer involved in the development, preparation, submission, review, negotiation and management of RFPs and construction contracts.


Added Benefit. In-house training tool: Train your entire staff for one low price! Gather around the conference room table, listen to these experts, then discuss how it pertains to your particular company. Don't miss out on these fascinating training programs.

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Certificates of completion are available upon request for use in obtaining education credits.



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