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Commercial & contract management

How can we make sure that the contract has a clear scope and a legal basis to establish and execute the project with an acceptable risk allocation?

KBCG can provide highly skilled consultants with a long track record in commercial and contract management within the infrastructure industry, focusing on Offshore Wind Worldwide.

We support companies and project organizations to organize their new or current contract environment and implement processes and tools that manage the approach required to complete the contract lifecycle.

Our experienced consultants have the expertise to support and advise the management team and will be the leading force in procurement, establishing new contracts and managing all facets of contract management through various phases in a project or company.

Our consultants thrive in an international environment with a wide range of cultural differences, where the diversity of professionalism creates a dynamic for success.

We have experience with the following contract forms, but are not limited to them: NEC, FIDIC, BIMCO and LOGIC models.

Commercial Management

Establish Procurement Strategy
Supply Chain Analysis
Planning of ITT Process
Evaluation of Bids
Negotiations
Recommendation of Suppliers
Risk Management and Mitigation
Contract Signing

Contract Management

Relationship Management
Governance
Contract Administration
Claims Management
Risk Management
Interface Management
Monitoring Performance
Record Keeping
Contract and claim close out
Completion of project documentation
Hand-over to operations

Commercial management

Pre-contract task is a major component of a project or service because it sets out boundaries and measures based on the set contract clauses. During pre-contract phase, commercial management helps the company with the following essential tasks/requirements:

Ensures that company standards are applied and procedures are followed throughout all of work process
Runs and manages competition as per commercial best practices
Ensures that required due diligence is undertaken so technical, commercial, financial, and legal risks are identified and mitigated
Ensures that costs are benchmarked and represent value for money within competition and selection process
Future disputes are avoided and managed through applicable terms
Ensures that the solution or service is well defined and endorsed by the proper department
Obligations, liabilities, deliverables, responsibilities penalties, etc. are properly managed and defined during pre-contract work
Follows the local & international laws, regulations, conventions, and licenses

When the parties reach a point of agreement in terms of cost and solution and are ready to place a contract, then the Awarding Stage may start with the following activities for the commercial representative:

Put all agreed items into the contract in a contractual language
Get the agreement reviewed and finalized
Complete all necessary annexes
Identify deferred elements with agreed timeline
Sign off on the contract
File and distribute

Contract management

Post-Contract Activities – Contract Management

The commercial manager should not execute the contract, but their responsibilities include and are not limited to:

obtaining bank guarantees, parent company guarantees, performance bond and letters of credit – review and accept content.
explaining and interpreting contract terms and conditions to the necessary internal parties, and providing commercial and contractual advice to the implementation team as necessary.
Overseeing execution against agreed terms.
Watching contract progress and variations, taking appropriate actions- issues require awareness.
Authorizing contract amendments with any associated changes.
Handling contract dispute – identify solutions and alternative options.
Reviewing completion of milestones and acceptance criteria against agreed terms.
Closing out the contract– identify start of warranty and support as applicable, return bank guarantees.
Ensuring that Import, Export and Trade Regulations requirement are met.