conTender: Construction Tender
Be the winning contender
Date: August 21 - 22, 2013
Venue: Kuala Lumpur, Malaysia
“The global construction market has been forecast to increase by 70% between 2012 and 2020, rising
from a valuation of USD7.2 trillion to USD12 trillion” - companiesandmarkets.com
WHY YOU CANNOT MISS OUT ON THIS EVENT
Be it commercial, industrial or public projects, the ASEAN construction sector continues to cement the foundation of ASEAN’s economic growth.
No day goes without announcements of new projects to stimulate growth or demonstrate stability. In short, the sheer amount of money to be
made is unlimited – if you play your cards right.
Bidding for a contract is no longer an “I know you, you know me” situation. A gentleman’s handshake does not suffice in this day and age where
investors demand transparency and guaranteed returns. The whole bidding process has in essence, turn into a battlefield of will, capability and
with a throwback to old days, charm. Not a charm with a smile, but charm in the way you prepare, evaluate, and ultimately present your proposal.
conTender by Trueventus is where you elevate yourself from a street-brawler to a pugilist, one who knows the intricacies of preparing the
winning proposal, always keeping a step or two ahead of your opponents, working the crowd and win the bout. Like it or not, a construction
tender today is a science, and with every great science, there is an art to it.
KEY FEATURES OF THIS CONFERENCE:
• Selecting the contract models during pre-tender and tender process to ensure better turnout of the project
• Grasping the strategies to achieve a mutually beneficial partnership among key contracting parties
• Identifying and minimizing the inherent risks and claims throughout the contract management lifecycle
• Mitigating risk exposure and accommodating to client’s needs through effective contractor compliance management
• Keeping a step ahead of the latest risk management and dispute resolution strategies
• Identify risk before tender and think out of the box
• Providing a platform to network and share experience with peers and industrial leading experts
FEATURING INTERNATIONAL PRESENTATIONS BY:
Keith Martin CEO
Global Capital & Developments, Singapore
* Medini, Iskandar Development Region
* Incheon Bridge
* Singapore Sports Hub PPP
David Johanson Director of Procurement
Marina Bay Sands, Singapore
* Waterfront properties
* Hyatt Hotels and Resorts
* Hilton Hotels
* Four Seasons Hotels and Resorts
Badrinath Durvasula Vice President
Larsen & Toubro, India
*Ranked No. 1 Construction Company in India
*9th on Forbes World’s Most Innovative Companies
Russell Newman Head of Risk
MACE, UK
* Sochi 2014 Olympic
* London 2012 Olympic
* Hong Kong Scince & Technology Park
* British Airways - Gatwick Terminal 1
Brian Kooyman Chairman
ConfluenceTBH,Australia
Shawn Chong Associate Director
Hill International, Singapore
Matthew Buchanan
Counsel- Energy, Infrastructure and Resources
Clifford Chance, Singapore
* Tier 1 Foreign Law Firm in Legal 500 in Singapore
* Marina Bay Financial Centre
* Darling Harbour Redevelopment
* Sydney Harbour Casino
* 2000 Sydney Olympics
* Kingsford Smith Airport in Sydney
Will Forwood Managing Director
Merx, Singapore
FEATURING local PRESENTATIONS BY:
Abdul Razak Husin
Director – Enforcement Division of Operational Sector
Construction Industry Development Board (CIDB)
Dato’ Mani Usilappan
Independent Non-Executive Director
Damansara REIT Managers Sdn Bhd (DRMSB)
James KK Tan Project Director
Suntrack Development Sdn Bhd
Sharon Ruba Project Director
Tune Hotels Regional Services Sdn Bhd (Managed
by Tan Sri Tony Fernandes, founder of AirAsia)
*International Property Awards Asia Pacific 2012/2013-Best
industrial development in Malaysia.
Nurul Huda Hashim Senior General Manager
Gerbang Perdana Sdn Bhd
Hafiz Amran
Partner – Head of Infrastructure & Projects
Naqiz & Partners
Mohd Khaidzir Shahari Partner
KPMG
Kamilah Kasim
Principal Partner of international arbitration
Kamilah & Chong (Rajah & Tann LLP’s associate firm)
Chang Wei Mun
Management Partner - Construction & Energy
Raja, Darryl & Loh
* Asialaw Profiles 2013 -Construction Practice
* Tier 1 Construction Law Firm in Legal500 in Malaysia
For further details, contact
John Karras
T: +603 2781 1501 | F: +603 2781 1505 | E: johnk@trueventus.com
PG.1
conTender: Construction Tender
Be the winning contender
Date: August 21 - 22, 2013
Venue: Kuala Lumpur, Malaysia
CONFERENCE AT A GLANCE
Day 1: Wednesday, August 21, 2013
Session One
The RFP process: Development of government facilities and infrastructure under the PPP
programme
Session Two - Panel Discussion
Pre-qualifying contractors before the actual pre-tender process
Session Three
Analyzing the Construction Industry Payment and Adjudication Act 2012
Session Four - Case Study
Keeping tenders clear, accurate and transparent to mitigate delivery risks
Session Five
Tendering methodologies to achieve 'value for money' for public sector procurement
Session Six - Case Study
Reviewing the procurement of construction services before the tender process –
Marina Bay Sands’ perspective
Session Seven
Creating the added values of alliances contract in the construction industry in Malaysia
Session Eight
New battlegrounds of tenders-Comparison of the conditions of contract (COC)
Day 2: Thursday, August 22, 2013
Session One
Anticipating uncertainty in construction through proper risk management
Session Two - Case Study
Unlocking risks pre-tender: A study of the 2012 London Olympics
Session Three - Case Study
Risks & tendering Process: A study of the expressway projects in Malaysia and India
Session Four - Case Study
Studying the risk management employed in an EPC contract
Session Five - Case Study
Assessing risk in infrastructure construction
Session Six
Assessing risks in infrastructure construction: A study of The Ecology Database Project for
Homebush Bay Bio-Remediation (A 2000 Sydney Olympics project)
Session Seven - Case Study
Job Titles
Everyone involved in the planning and
development of construction projects:
• Owners
• Developers
• Investors
• Operators
• Contractors/Subcontractors
• General Managers
• Contract Managers and Administrators
• Commercial Managers
• Project Managers
• Risk Managers
• Construction Managers
• Engineers
• Quantity Surveyors
• Quality management department working
for developers
• Architects
• Consultants
• Legal Advisors
• In-House Legal Counsels
• Mediators
• Arbitrators
• Tender and Bid Professionals (Bid manager)
• Government Administrators and Enforcement
Officers
Key Industries
• Residential (Eg: houses, condominiums,
apartments)
• Commercial (Eg. office buildings, malls,
industrial parks, hotels)
• Industrial (Eg. power plants)
• Infrastructure (Eg. bridges, highways, rail,
airport, expressway)
• Oil & Gas
• Petrochemical and Chemical
• Power and Utilities
• Commercial Properties
• Engineering Services
• Construction Services
• Construction Equipment Vendors
• Public Works
• Ports
Managing developer risks in major construction procurement through effective contract
structuring
Session Eight
Risk mitigation strategies: Adopting clear communication channels between contractor and
client during the pre-tender and tender stages
For further details, contact
John Karras
T: +603 2781 1501 | F: +603 2781 1505 | E: johnk@trueventus.com
PG.2
conTender: Construction Tender
Date: August 21 - 22, 2013
Venue: Kuala Lumpur, Malaysia
Day 1: Wednesday, AUGUST 21, 2013
0800 Registration and coffee
0845 Opening address from the Chairperson
0900 Session One
The RFP process: Development of government facilities and
infrastructure under the PPP programme
• Providing an overview of the government RFP process for the
development of government facilities and infrastructure
• Looking at compliance of key requirements for RFP development
under the PFI Programme and Land Swap Programme
• Getting a look at the government’s Cost and Standard Guidelines
• Managing government expectations on development: Identification
of key stakeholders in the government and relationship between
them in the RFP process and contract stage
Hafiz Amran Partner - Head of Infrastructure & Projects
Naqiz & Partners, Malaysia
1400 Session Five
Tendering methodologies to achieve 'value for money' for
public sector procurement
Keith Martin CEO
Global Capital & Developments, Singapore
1445 Session Six
Reviewing the procurement of construction services before
the tender process – Marina Bay Sands’ perspective
• Getting the better hand: Value of site inspection and pre-tender
meetings
• Preparing a detailed analysis of pre-tender building price
forecasts (estimates)
• Assigning value to the relationship between financial management
of the construction procurement process and unforeseen future
costs
• Selecting direct negotiation in the procurement process
David Johanson Director of Procurement
Marina Bay Sands, Singapore
0945 Session Two - Panel Discussion
Pre-qualifying contractors before the actual pre-tender process
• Embellishing the little details: Why pre-qualification has to be done
• Putting the contractors under the microscope: What do you
pre-qualify?
• Getting the contractors to cooperate and be on the level
Moderator
Dato’ Mani Usilappan Independent Non-Executive Director
Damansara REIT Managers Sdn Berhad (DRMSB), Malaysia
Panelists
Mr.James Tan Project director
Suntrack Development Sdn Bhd, Malaysia
Sharon Ruba Project Director
Tune Hotels Regional Services Sdn Bhd (Managed by
Tan Sri Tony Fernandes, founder of AirAsia)
1030 Morning Refreshments
1100 Session Three
Analysing the Construction Industry Payment and Adjudication
Act 2012
• Determining the objectives of the Act
• Weighing the impact of the Act on the construction industry
• Preparing for changes that will brought about by the Act
• Identifying the parties that benefit from the Act
Chang Wei Mun Management Partner – Construction & Energy
Raja, Darryl & Loh, Malaysia
1145 Session Four - Case Study
Keeping tenders clear, accurate and transparent to mitigate
delivery risks
• Revisiting and reemphasising the reasons of pre-qualifying
• Setting the scope and ensuring it is accurate and relevant
• Instituting transparency in the selection process
• Clearing the air of confusion: Differentiating “waiting” and
“weighting”
Will Forwood Managing Director
Merx, Singapore
1230 Networking Luncheon
1530 Afternoon Refreshments
1600 Session Seven
Creating the added values of alliances contract in the
construction industry in Malaysia
• Examining and understanding the relationship between project risk
profiling and dispute
• Identifying the various types of dispute resolution and dispute
avoidance strategies and its impact on the infrastructure delivery
process
• Isolating and studying the success factors for relational contracting
by referencing studies done in Australia and capitalised on lessons
learnt
• Discussing the possible Malaysian Court attitude towards the
legality of no dispute clause, fiduciary duty and duty to act in
good faith
• Recommendations of strategies to be adopted in positioning
relational contracting to achieve value-for-money
Abdul Razak Husin
Director - Enforcement Division of Operational Sector
Construction Industry Development Board (CIDB), Malaysia
1645 Session Eight - Case Study
New battlegrounds of tenders-Comparison of the conditions
of contract (COC)
• Embracing the differences in terms of private, government and
international tenders
• Seeking protection in termination upon appointment of contractor/
developer
• Identifying weakness in the contracts
• Protecting owners in construction contracts
Kamilah Kasim Principal Partner of international arbitration
Kamilah & Chong (Rajah & Tann LLP’s associate firm),Malaysia
1730 End of Day One
For further details, contact
John Karras
T: +603 2781 1501 | F: +603 2781 1505 | E: johnk@trueventus.com
PG.3
conTender: Construction Tender
Date: August 21 - 22, 2013
Venue: Kuala Lumpur, Malaysia
Day 2: Thursday, AUGUST 22, 2013
0800 Registration and coffee
0845 Welcome address from the Chairperson
0900 Session One
Anticipating uncertainty in construction through proper risk
management
• Applying proven techniques for risk identification
• Performing qualitative and quantitative risk analysis
• Introducing risk prioritization techniques
• Designing risk response measures
• Firming up risk monitoring and control
• It’s easier said than done: Choosing the right person to assign and
calculate risks
Mohd Khaidzir Shahari Partner
KPMG, Malaysia
0945 Session Two - Case Study
Unlocking risks pre-tender: A study of the 2012 London
Olympics
• Defining and assessing risk and your risk exposure before tender
• Controlling risk through governance structures, baseline, project
and programme controls, systems and behaviours
• Deploying the best mitigation strategies once key risks have
been identified
Russell Newman Head of Risk
MACE, UK
1030 Morning Refreshments
1100 Session Three - Case Study
Risks & tendering Process: A study of the expressway projects in
Malaysia and India
• Detecting typical risks faced by Employers and Contractors
• Planning risk management and strategies to overcome financial
vulnerability, uncertainties and contractual liabilities at tender
stage
• Delivering innovative solutions to trim project cost before tender
• Applying effective risk responses and implement contingency
actions to manage project risks
Shawn Chong Associate Director
Hill International,Singapore
1145 Session Four – Case Study
Studying the risk management employed in an EPC contract
• Connecting the problem of client-given instructions and project
delays
• Devising variations of methods to handle detailed engineering
• Composing exposure on scheduled completion and marine spread
expenses in offshore works, including the liquidated damages
Badrinath Durvasula Vice President
Larsen & Toubro, India
1230 Networking Luncheon
1400 Session Five - Case Study
Assessing risks in infrastructure construction: A study of The
Ecology Database Project for Homebush Bay Bio-Remediation
(A 2000 Sydney Olympics project)
• Extrapolating the differences of risk in the delivery of Infrastructure
and Commercial projects
• Identifying the differences in risk assessment profiling between
Public and Private projects, particularly with the rapidly changing
environmental constraints
• Structuring detail impact analysis studies on the affects of
additional infrastructure on the residents
• Canvassing the communities and ensuring the information is used
• Engaging the communities as part of your risk analysis exercise
Brian Kooyman Chairman
ConfluenceTBH,Australia
1445 Session Six
Understanding areas of risks in construction pre-tender
• Driving mitigation effectively: Uncovering sources of risks
• Analysing risk fluidity and interdependency
• Examining the contract terms
• Assembling the risk management team
Nurul Huda Hashim Senior General Manager
Gerbang Perdana Sdn Bhd , Malaysia
1530 Afternoon Refreshments
1600 Session Seven
Managing developer risks in major construction procurement
through effective contract structuring
• Analysis of the project fundamentals which shape the direction of
the contract structure
• Consideration of the main contract structures
• Importance of matching project variables to structure
• Contract form selection
Matthew Buchanan
Counsel- Energy, Infrastructure and Resources
Clifford Chance, Singapore
1645 Session Eight
Risk mitigation strategies: Adopting clear communication
channels between contractor and client during the
pre-tender and tender stages
• Implementing effective approaches to take suitable carve outs in
the pre-bid meetings
• Utilizing the contractor’s correspondence of highest professional
order
• Presenting sound methods for clients to avoid tight spot with
contractors in future arbitrable issues
• Handling initiation of change orders (warranted or otherwise)
• Igniting the concept of Concurrent Delay to the advantage of
the contractor
• Availing a “CAR” insurance policy to minimize risks foreseen by
the contractor
Badrinath Durvasula Vice President
Larsen & Toubro, India
1730 End of Conference
For further details, contact
John Karras
T: +603 2781 1501 | F: +603 2781 1505 | E: johnk@trueventus.com
PG.4
conTender: Construction Tender
Be the winning contender
Date: August 21 - 22, 2013
Venue: Kuala Lumpur, Malaysia
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PG.5