Tendering, Procurement and Negotiation Skills

About the Course

Tendering, Procurement, and Negotiating Skills in oil & gas can lead to significant inroads into an organisation’s budget due to costly litigation and dispute settlement processes. Good scrutiny and overall analysis of draft contracts to remove ambiguities and risky clauses can make a vital difference to an organisation's bottom-line success or failure. Procurement and contract managers and other professionals involved in the world of projects must work effectively together and/or with customers and contractors to accomplish key organisational objectives.

This training provides an in-depth overview of all phases of contracting, from requirements development to closeouts to improving contract results through exploring vital issues from the point of view of a Contractor. Furthermore, it will enable you to promote an understanding of the key principles, contemporary issues and legal requirements concerning professional purchasing. It is designed to equip you with the structure of commercial reality, fundamental law for purchasing and supply, and understanding and application thereof is a key component of the modern professionals' skillset in various purchasing contexts.

The five-day training course is specifically designed for professionals involved internationally in the oil & gas industry, and it offers a unique opportunity to rapidly increase your understanding of the legal issues involved in various international scenarios and to improve your techniques and skills in drafting, reviewing, and executing a variety of international contracts.

Core Objectives

The delegates will achieve the following objectives:

• Identify the most appropriate procurement strategy
• Negotiation Techniques: risk mitigation and increase profitably
• Evaluate tendering and procurement best practices
• Assess and manage key contractual risks
• Compare ways of dealing with performance failures
• Evaluate the most appropriate seminar of action when disputes arise

Training Approach

In this training course, the delegates will gain more excellent knowledge through presentations by an experienced international practitioner designed to educate and challenge. Extensive use will be made of case studies and real examples of contracts. Open and instructive group discussions will also be facilitated, encouraging delegates to raise questions and share their own experiences.

The Attendees

This training course is appropriate for a wide range of professionals but will greatly benefit: 

• Tendering and Procurement Managers
• Insurance Managers
• Project and Contract Managers
• Sales and Marketing Professionals
• Project Management Professionals
• Commercial Managers looking to improve their contract negotiation skills and overall commercial performance

Daily Discussion

DAY ONE: PROCUREMENT STRATEGIES AND BEST PRACTICES

• Elements of Procurement Best Practices
• Types of Procurement Strategy
• Risk Management Process
• Balancing Risk through Contract Strategy
• Supply Chain Risk Assessment
• Exposure to Bribery and Corruption

DAY TWO: DEVELOPING TENDERS AND SPECIFICATIONS

• A-Z Process of a Tender Project: An overview
• Developing the Scope of Work and Specification
• Selection and Evaluation Criteria
• Cost and Price Analyses
• Objectives of the Contract
• Ancillary Documents and Issues
• Negotiation Tools and Techniques: Contractor Priorities vs Client Requirements

DAY THREE: KEY ELEMENTS OF THE CONTRACT

• Principal Performance Obligations
• Scheduling and Completion
• Liabilities, Indemnities, and Insurance
• Professional Indemnity Insurance
• Ownership and Risk
• Governing Law
• Understanding Typical Insurance Exclusions
• Effective Claims Management
• Pre-Existing Conditions, Arising Out of, Legal Fees, Invitees, & Punitive Damages

DAY FOUR: MANAGING CHANGE AND PERFORMANCE FAILURES

• Assignment, Novation and Subcontracting
• Implications of Varying Performance
• Managing External Events
• Performance-based Contracting
• Default Mechanisms & other Remedies
• Contractual Liability
• Drafting Enforceable Liquidated Damage Clauses
• Mitigation of Damages Clause & Contractual Limitations Periods
• Coordination between Contracts and Clients

DAY FIVE: CONTRACT CLAIMS AND COMPLETION

• Types and Assessment of Claims
• Tiered Dispute Resolution Mechanisms
• Formal Dispute Resolution
• Contract Close-Out
• Contract Review and Evaluation