A key component within our tender structuring and management services includes the drafting, amendment and negotiation of Requests for Expressions of Interest (RFEI), Requests for Qualifications (RFQ) and Requests for Proposals (RFP) documents that we prepare on behalf of our clients. DCS experts are comprised of lawyers, bankers and financial advisors who have significant decades of global experience in drafting of RFEI/RFQ/RFP documents and we are also quite familiar with international norms and practices, as well as the procurement, environmental, social and health and human safety requirements from many of the International and Development Financing Institutions (IFI/DFI) and Equator Principles that often need to be considered, in situations where IFI/DFIs and other international lenders may be involved. Of course, the tender documents will also need to conform to our client's own applicable procurement laws and regulations, if applicable.
DCS experts are familiar with drafting and negotiating RFEI/RFQ/RFP contracts for public sector, private sector, lender and IFI/DFI clients in many different types of tenders. We can assist our clients in developing RFEI/RFQ/RFP documents related to the competitive tender for contractors or consortia that may include equity sponsors/developers/concessionaires; design, engineering and construction (or engineering, procurement & construction - "EPC"), operations & maintenance, long-term maintenance, equipment suppliers, fuel suppliers, debt or equity financing, investment agreements, decommissioning services, environmental and social remediation contractors, etc.
When drafting the tender document package as well as the underlying contracts and project agreements, we will assist our client in the appropriate and optimal allocation of risks. The tender documents and the underlying draft contracts and project agreements will be drafted in a manner that allocates optimal levels of risk to the contractor/investor/sponsor. Accordingly the documents will specify levels of bid security, certain performance-based liquidated damage provisions, liquidated damage caps, guarantees and warranties, payment and performance securities, insurance requirements, and other risk allocation provisions in accordance with our recommended risk allocation analysis. During the bid process, prospective bidders may propose relaxing many of these risk allocation provisions. Based on the bidder comments and feedback received, we will recommend to our client whether any adjustments are desirable (in the interest of keeping a critical number of competing bidders and evaluation of how much impact a risk allocation elements may have on bid pricing).
In many situations where the client is tendering for a contract that has "life cycle" cost and value implications, it will also be important that the bid evaluation procedures within the tender documents specify a bid evaluation methodology that will score and rank bidders (quantitative evaluation) in a manner where the bidders pricing and guaranteed performance levels and evaluated on a net present value (NPV) life-cycle basis. In this situation we typically recommend that our client provides a standardized special purpose bid model that is provided to bidders for the purpose of bidder entering their bid parameters. DCS is particularly experienced in developing bid evaluation models which are specifically built for this purpose.
DCS advisors are able to provide tender document drafting services on a stand-alone basis on behalf of clients who are pursuing a PPP/P3, project financing, M&A/privatization or capital fundraising transactions. In most cases, as tender document drafting services will be only one element of a larger project delivery program, DCS will also be providing numerous other complementary transaction advisory services in relation to other transaction elements. Our preference is always to provide such comprehensive transaction advisory services and coordinate all elements of the transaction, including tender document drafting and negotiation services on behalf of our clients.
Under any tender document drafting services mandate, DCS will draw from our vast global network of veteran industry expert advisor affiliates and our relationship consultants in order to assemble the most appropriate team to match the specific needs of the transaction at hand. This will always include leadership of DCS affiliate experts who possess decades of global public and private sector experience related to the specific sector and transaction type. In any tender document drafting services mandate, our preferred role is always to serve as the lead project/program manager. Within this role we are also able to assist in the selection and procurement (or subcontracting) and management of the other advisors and consultants, including local and international legal, technical, tax, insurance/risk, commercial advisors or other specialized advisors, as the specific transaction may require. To the extent that other third-party advisors are required, there are many value added advantages of allowing DCS to assist in the procurement of these advisors. First, DCS expert affiliates themselves possess many of the legal, technical, tax, insurance/risk and commercial skill sets and we are best positioned to determine which additional outside third-party skill sets are required and which firms or individuals should be hired in these roles. Secondly, tender document drafting, amendment and negotiation services require the organizational management and coordination of many simultaneous workstreams. DCS advisors are experts in project and program management services and are ideally suited to manage and coordinate a multi-dimensional advisory team most efficiently and effectively.
Complementing our comprehensive tender document drafting services, DCS advisors offer the following complementary advisory services that may be applicable, dependent on the specific transaction situation.
DCS experts provide comprehensive tender document drafting services in the following sectors that we specialize in. Please click on the below links to learn more about the sectors that we cover:
DCS experts provide comprehensive tender document drafting services to the following categories of clients: