Provide professional advice, expertise, and practical assistance to all assigned end-user departments of the Corporation in all tendering / contractual matters from inception of the project till close-out of contracts. Finalization of tender documentation including preparation of pricing mechanism and release for tender. Guide the assigned sponsoring departments while reviewing the content of tender bulletin, tender clarification. In addition actively participates during evaluation of tenders, commercial negotiation with Tenderers. Prepares award plan submissions and letter of awards. Represent the Contracts Department in various tender and evaluation committees, including those of Associates, Affiliates and Joint-ventures. Maintain strict confidentiality and ethics on all contractual matters. Propagate and maintain zero harm culture. Prepare draft contract documents; incorporating the effect of all negotiations, clarifications and qualifications. Review work/ service scopes of tenders & Work Change requests and liaise with Sponsoring Departments for improvements and changes. Management of contracts by rendering contractual support on resolving disputes, evaluation of claims, variations and settlement of final account. Ensure that contract strategies, tenders, contracts and variations are in full compliance with the Company Policies and Procedures. Ensure coverage of risks Assessment in accordance with Companys HSE Risk Management Guidelines. Ensure compliance with Contracts Procedures and support Project Execution Procedures. Principal Accountabilities Single point accountability for all assigned contracts from inception till close out including administration of contracts and various, dispute resolution, monitoring cost/ schedule impacts, rendering contractual support on payment, disputes and claims, quality management and any associated HSE consequences. 1
Pre Tender Activities
1. review and advice on SORs and PINs (as applicable) at the
inception of project including advice on best contracting strategy. 2. If the contracting strategy requires pre-qualified bidders, assist SD in preparation of suitable tailor made pre qualification documents, invitations and evaluation criteria and render expert advice to SDs in short listing potential bidders. 3. Assists SD with managing budgets for projects to be carried out. 2
Pre Contract: Tendering
1. Provide professional advice, expertise and practical assistance to all assigned enduser/sponsoring departments of the Corporation in the review and preparation of scopes of work, including the varerification of the completeness and accuracy of the technical information supplied. Check anomalties/discrepancies, if any, in the tender documents and ensure consistency throughout various sections of the tender document. 2. Identify the most suitable pricing mechanism for a given scope of work, i.e. lump sum, re-measured, cost-plus, escalation factor, exchange fluctuations etc. taking into account the intended contract duration. 3. Provide expert advice and direction to Sponsoring Department (SD) during tender preparation to ensure that the most and managed in accordance with COMPANY HSE Risk management Guidelines. 4. Ensure RFQs meet COMPANY standards, and risk assessment and risk mitigation measures are adequately identified, addressed and managed in accordance with COMPANY HSE Risk management Guidelines. 5. Ensure all work undertaken is consistent with COMPANY norms and values. 6. Ensure that Tender Bulletins are issued in a timely manner and captures the clarifications with adequate clarity. 7. Facilitate bid explanation meetings, including required site observations where needed to ensure bidders understand scope of work.
Pre Contract: Tender Evaluation
1. Represent the Contracts Departments in various tender and evaluation committees, including those of Associates, Affiliation
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3. 4. 5. 6. 7. 8. 4
and Joint-venture as and when required. Maintain strict
confidentiality and ethics on all contractual matters. Ensure that a culture of zero harm is maintained. Assume lead role in commercial bid evaluations. Ensure that the bid evaluations are conducted in a fair and ethical manner and are consistent with the terms and conditions of tenders, COMPANYs Policies and Guidelines and the evaluation criteria apply equitably to all received bids. Lead the commercial evaluation team and prepare commercial evaluation report and bid tabulation sheet. Ensure that Tender Clarifications are issued in a timely manner and captures the clarifications with adequate clarity. Lead in defining lower level agreements for individual contracts, in alignment with contracting strategy for the project. During commercial negotiations of bidders with COMPANY management, render practical assistance for effective negotiation including preparation of management briefs. Ensure security of pricing information and confidentially of commercial evaluation. Ensure bidders & contractors are set up in SAP system. Post Contract: Contract Management
1. Reviews various contracts administration and contract
management procedures to ensure compliance, where applicable with Company contracting policy and procedures and apply Contractors management System, set-up and maintain the goal of zero contractors claims and employ dispute avoidance technique. 2. Attend monthly review meetings and obtain progress reports and minutes of progress meeting from Sponsor Departments, review and identify contra-issues if any. Monitor progress and performance of contractors. Review the work change request to determine its completeness and ensure that no Work Change request are issued without detailed Scope of Work, sketches/drawings and the Material take off list. Ensure timely evaluation and conclusion of the WCRs. 3. Assume lead role in dispute resolutions. 4. Evaluate with SD, Contractors performance at Contract completion. 5
Claims and Risk Management
1. Evaluate critically all claims raised by contractors and advise SD of the admissibility or otherwise of the same.
2. Apply change management and claims prevention expertise in
the management of high value contracts and administer claims management strategies in protecting Companys commercial interest and thus balance the Risk Factors. 3. Review the existing process of the claims management and dispute resolution, and develop them for enhanced efficiency, productivity and control, provide advice on appropriate claims minimization strategies. 4. Participate in potential dispute defusing scenarios and in negotiating / drafting release agreement including provision of acceleration. 5. Evaluate Claims and Extension of times issues Loss & Expense Claims from contractors and advise tender committees . 6.
Knowledge, Skills & Experience
BSc in Engineering Discipline or Quantity Surveying. A post
graduate qualification in Contract management or Project Management desirable. 10 years multi disciplinary experience, including 8 year in an oil & gas industry or with the major industrial sources in the preparation / negotiation of tenders/contracts of large scale projects with complexity and diversity. Possession of sound knowledge of Contracts law is desirable. Proficient in contractual correspondence, contract verbatim, report writing with analytical , logical and problem solving skills. Thorough understanding of engineering , procurement, constructions techniques EPCM & LSTK and maintenance / operation related services. Computer literate and able to use this knowledge for contract analysis , evaluation of statistical data both historical and projected. Well versed in Sap transaction. Quality focus.
Contacts
Continuous contacts with engineers and End user /
sponsoring Department personnel up to the level Department managers in assigned Departments of Company.
Represent the Contracts Department in Committees set up
by COMPANY & Affiliates.
Problem Solving
Perform complex and routines tasks of various facets
assessing critical risk for all activities and implement control strategies and render optimized value to stake holders. Direct SD to formulate the best contracting strategy to be adopted for defined projects Commercial / negotiation Meetings and Mid tender / Kick off meetings and Contract progress meetings. Excellent negotiation and analytical skills, result oriented. Analyze contractor claims and preparation of report for management review / discussion. Provide expert advice and effective service SDs to resolve contractual issues, claims and disputes. Risk analyze covering commercial aspects of tenders / contracts. Assist in reviewing Contract Department Procedure , contract strategies and in applying the aforesaid standards to the various Company contracts. Keep abreast of changes, new trends , rules and regulation, provision and restriction in the contracting industry of the country , identify deficiencies and improvements in the existing system , participate in Continuous Improvement Audits and put forward meaningful suggestions. Assist the Lead Contracts Engineer and the Contract Departments Sr. Contracts Specialist in reviewing model contracts procedure, contracts strategies and in applying the aforesaid standards to various Companys contracts.
Decision Accountability
Render effective advice on all tender and contract
correspondence in line with agreed strategies and in accordance with the Corporations policies and Procedures to safeguard the Corporations interest. Failure to fulfill his role could lead to the Corporation awarding contracts to unqualified contractors and thus suffering substantial and irreparable financial loss and possible litigation. Operate independently within standard industry practices and contracting procedures. Operates independently on matters assigned to him. Completed works are seldom subject to review by the Superiors.
Budget Dimensions
Incumbent is solely responsible to selects the most
appropriate contracting strategy on a given scope of work with the best pricing mechanism. Major role in awarding high value contracts to qualifying contractors at cost-effective prices and within Organizational Policy and Procedures. SD and the Contracting Department in general are depending on the incumbent expertise and resourcefulness in minimizing claims, resolving them and managing contracts. Failure on his part in meeting above aspirations and any dereliction on the responsibility can cause irreparable financial loss to the Company. Incumbent is generating extremely confidential information and has regular access to them, eg; list of bidders invited to pre-qualify, successful short listed bidders technical and commercial evaluation reports, negotiation strategy, awards criteria, bid prices, claims, variations, etc. Such information is of extremely sensitive nature , even after closing out of the contracts. Divulging such information without appropriate authorization can cause irreparable financial damage and embarrassment to the Corporation.
Special Features
Incumbent shall be an experienced team worker, have
knowledge and expertise on technical , commercial and contractual aspects, working effectively and productively, with interactive skills, pleasant personality and excellent rapport. Shall be active, alert and conscious of the importance of delivering suitable contractual advice on schedule. Though he cannot work in isolation, he shall exercise vigil at all times, so that information or data not going to unwanted parties shall always be watchful of safeguarding the interest of the Corporation. Should posses administration and prioritizing skills. Superior presentation skills. Should posses interpersonal skills to develop productive relationship with a diversity of customer. Should be able to communicate effectively to diverse audiences.