A standardized template for identifying, evaluating, and addressing legal risks associated with tenders and bids
π Template Structure & Detailed Sections:
1. Document Information
- Template ID: SCMR-1/RISK-TPL-2025
- Document Version: v1.0 (January 2025)
- Prepared by: [Name, Position]
- Department/Unit: [Specify]
- Bid/Tender Reference No.: [Insert reference]
- Date Created: [Insert Date]
- Submission Due Date: [Insert]
2. Project/Bid Summary
- Tender Title:
- Client or Issuing Authority:
- Bid Value (Estimate):
- Project Duration:
- Scope Overview:
- Primary Stakeholders:
- Legal Advisor Assigned:
3. Legal Risk Identification Table
Risk Category | Description of Risk | Likelihood (Low/Medium/High) | Impact (Low/Medium/High) | Mitigation Strategy | Responsible Person |
---|---|---|---|---|---|
Contractual Risk | Ambiguities in contract terms or unclear obligations | Medium | High | Legal team to review and suggest clause amendments | Legal Advisor |
Regulatory Risk | Non-compliance with procurement or sector-specific laws | High | High | Regulatory checklist to be followed; legal compliance sign-off required | Compliance Officer |
Liability Risk | Exposure to penalties or damages in case of performance failure | Medium | High | Include limitation of liability and indemnity clauses | Bid Manager |
Intellectual Property Risk | Misuse or loss of IP during bid or project execution | Low | Medium | IP protection clause to be included; NDA signed by all parties | Legal Counsel |
Data Privacy Risk | Breach of POPIA or GDPR obligations in tender process | Low | High | Data handling policy and privacy clause to be attached | IT & Compliance |
Labour Law Risk | Non-compliance with labour laws or subcontractor disputes | Medium | Medium | Labour compliance certification and fair employment terms | HR/Legal Team |
Corruption or Ethics Risk | Bribery, undue influence, or conflict of interest | Low | Very High | Ethics declaration, anti-bribery clause, and director declarations | Ethics Officer |
Additional rows can be added to reflect specific bid requirements, geographic location, or client expectations.
4. Risk Scoring Summary
Score Type | Description | Scale |
---|---|---|
Likelihood Score | The chance of the risk occurring | Low (1), Medium (2), High (3) |
Impact Score | The severity of consequence if the risk occurs | Low (1), Medium (2), High (3) |
Risk Rating | Likelihood Γ Impact | 1β3 = Low, 4 = Medium, 6β9 = High |
5. Risk Treatment Plan
- Risks Categorized as High: [List risks requiring immediate intervention]
- Assigned Mitigation Actions: [Describe the steps taken or planned]
- Timeline for Risk Mitigation: [Specify dates/deadlines]
- Monitoring Responsibility: [Assign a team or role]
- Follow-up Required: β Yes / β No
6. Legal Review Notes
Conducted by SayPro Legal & Compliance Services
- Review Date: [Insert Date]
- Reviewed By: [Name]
- Legal Observations:
- [Insert 2β3 legal notes or flags]
- Recommendations:
- [Insert actionable legal advice or clause modifications]
- Legal Sign-off: β Approved / β Revisions Needed
7. Declaration and Signatures
βWe confirm that a legal risk assessment has been conducted in line with SayProβs Risk Management Framework. The identified risks have been evaluated and appropriate mitigation strategies have been proposed.β
- Project/Bid Manager
- Name:
- Signature:
- Date:
- Legal Advisor
- Name:
- Signature:
- Date:
- Compliance Officer
- Name:
- Signature:
- Date:
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