Category ‘B’

On this page:

[ 1 ] Results the client will obtain from having us perform the services in this Category
[ 2 ] Value the client will derive from those results, presented in a table of discrete “Benefits” with the “Basis” for each benefit
[ 3 ] Activities we will perform to produce the results
[ 4 ] Outputs we will provide to the client (which are normally contractual deliverables under our agreement)

Category B: PROJECT PROCUREMENT AND CONTRACT ADMINISTRATION

Disclaimer: We do not procure or sell goods in our own name, so the client will need to delegate any necessary purchasing authority if any direct purchasing is desired as part of the services we are to provide.

CLIENT RESULT

1   PURCHASES AND CONTRACTS THAT ARE:

  • Comprehensive, organized and coherent, addressing all of the necessary details
  • Both technically and contractually sound
  • Readily understandable by staff, managers, consultants, contractors, and suppliers
  • Consistent with policies, processes, and procedures

2   ORDER AND CONTRACT MANAGEMENT THAT IS:

  • Forward-thinking yet disciplined in its approach; balancing letter and spirit of each contract wisely
  • Situationally appropriate, consistent with company’s governance, and meeting project needs

3  DISPUTES RESOLVED WITH:

  • Contributions of a subject matter expert who has written many relevant contracts and substantial hands-on project and contract management experience across wide range of projects world-wide

CLIENT VALUE

1  PURCHASES AND CONTRACTS
BENEFIT
BASIS

Quicker negotiations

Reduced legal overhead

Fewer contractual claims

Fewer delayed surprises

 All noted for Category A’ above apply here also

Better supplier pricing
  • Because suppliers will have more confidence that the buyer understands the scope being procured and what is being asked for
  • Because good procurement documents will help make the work more attractive to more and better suppliers

2 ORDER AND CONTRACT MANAGEMENT
BENEFIT
BASIS

Mitigated escalation and timelier recovery
  • Because of prompt attention to performance issues and incipient problems
  • Because issues are addressed systematically so they don’t leak out into unexpected areas

Relationships stay as cooperative as possible
  • Because we bring rational and level-headed rights enforcement and remedy application within a broad understanding of the contract and the parties’ intent that underlies it

Contractual rights are preserved and asserted
  • Because strict enforcement is used whenever a more collaborative approach does not produce the results required by the contract

Lower procurement and administration costs
  • Because front-line staff will require less legal support for documenting performance, giving notices, responding to notices, etc.
  • Because our services are a cost-effective way to stretch the project legal support budget

More favorable supplier pricing for future projects
  • Because trust by suppliers that contracts will be administered as written makes company a more attractive client deserving of better pricing

3 DISPUTE RESOLUTION
BENEFIT
BASIS

Reduced legal overhead
  • Because our work makes the work of client’s in‑house or outside counsel more efficient than if relying on less knowledgeable staff

Quicker opportunity to assert or defend claim
  • Because our knowledge of the legal aspects of claim management allows us to focus the fact-finding and case-making on that which is truly  relevant and likely to be effective in action

Better chance of informal (pre-action) settlement
  • Because our facilitation and communication abilities, when combined with strong subject matter expertise, can be equally effective in disarming the opportunistic or ill-founded claim and asserting a legitimate one

TYPICAL ACTIVITIES

1  PURCHASES AND CONTRACTS

    Purchase agreements/orders:

  • Long-lead equipment
  • Specialty items
  • Multi-vendor assemblies

    Prime/Sub Contracts:

  • Consultant agreements
  • Construction contracts
  • Services agreements
  • Partnering and alliances

    Sourcing/pricing agreements:

  • Preferred pricing/delivery
  • Availability/consignment
  • 3PL/4PL/logistics
  • Specialty agreements

2 ORDER AND CONTRACT MANAGEMENT

    Project/contact set-up:

  • User contract summaries
  • Coordination meetings
  • Facilitated kick-offs

    Supplier performance:

  • Deficiency identification
  • Obligations/rights/remedies
  • Facilitation/coaching

    Contractual correspondence:

  • Notifications/responses
  • Demands/responses
  • Advice and drafting
  • Assessments and audits

3 DISPUTE RESOLUTION

    Assessments:

  • Historical/intent and actions
  • Contractual basis

    Advice:

  • Options/Risks/
  • Recommendations

    Management:

  • Negotiation parameters
  • Negotiation planning
  • Facilitation/pre-mediation
  • Negotiations

    Counsel support:

  • Assisting legal counsel or subject matter experts

TYPICAL OUTPUTS

1  PURCHASES AND CONTRACTS
OUTLINE
EXAMPLES

See Category ‘A’ above for drafting of baseline documents/sets

—

Purchase agreements
  • Owner-furnished facility equipment for a project

Purchase orders
  • Specialty system/fabrication for a project

Contracts
  • Design consultant agreement
  • CM/GC/DB prime contract
  • Trade/subcontract agreement
  • Operation & Maintenance agreement
  • Project teaming agreement

Sourcing/ pricing/ supply agreements
  • Fixed-term list discount agreement
  • Project warehousing agreement
  • Supply line reservation agreement

Specialty agreements
  • Concessionaire agreement
  • Lease agreement
  • Personal services agreement
  • Software agreement
  • IP license agreement

2 ORDER AND CONTRACT MANAGEMENT
OUTLINE
EXAMPLES

Project reference cards
  • Compendium of notice/response deadlines, etc.

Alignment presentations
  • For use by project team to reinforce good understanding of contractual obligations

Alignment sessions
  • In-person, one- or two-day, detailed workshops

Records reviews
  • Submittals compliance, required notices, etc.

Action plans
  • Advisory to management/project staff

Recovery plans
  • Hands-on facilitation for front-line team

Notices and letters
  • Deficiencies, timeliness, delays, information, conditions, interference, completion, remedies, corrective actions, instructions, decisions, etc.

3 DISPUTE RESOLUTION
OUTLINE
EXAMPLES

Situation reports
  • Correspondence and administration assessment
  • Contract documents quality or issues review

Compliance reports
  • Parties’ compliance with contract

Negotiation plans

Settlement reports
  • Minutes of settlement negotiations