Contracts, Procurements, and Partnering ARCHIVED

The Project and Contracting Context, Alliancing and Partnering, and the Tender Process

• The project and contracting context
• Alliancing and partnering
• The tender process

On day one the course will explain what the definition of a contract is, why it is required, and where it fits into the project environment.  Also, the course will present an introduction to the concept of project strategy and an overview of some of the more commonly used contract strategies in the oil and gas industry.  This will then build on a focus of alliancing and partnering as a specific form of contract strategy and the advantages and disadvantages.  The overall tender process will also be covered looking at some of the key issues that need to be addressed.

The Tender Process (Continued), Contract Structure, Payment Types, and Effective Negotiation

• The tender process (continued)
• The contract
• Contract structure
• Effective contract negotiation

The learning objectives of day two will be for participants to understand the role of the tender in the contracting process.  In particular, participants will learn how to deal with procedural items, such as clarifications, and how to deal with side letters.  The main legal aspects behind a contract will be discussed, as well as ways in which a contract may be legally invalid and how to deal with breaches of a contract. The structure behind a contract will be looked at, summarizing some of the key clauses, and finally, the key elements of a successful contract negotiation will be covered.

Supply Chain Management, Contract Administration, and Dispute Resolution

• Supply chain management
• Contract administration
• Disputes      

On day three, the course will cover the concept of a supply chain and the role of procurement within the supply chain.  The main elements of contract administration will be looked at, including statutory obligations, liabilities and negligence, indemnities, liquidated damages, and penalty clauses.  Possible causes of frustration from the contract will be discussed and Force Majeure clauses will be defined.  Possible causes of disputes in the contract will also be outlined along with the solutions that clients and contractors can pursue to resolve those disputes.