Advanced Contract Negotiation and Post-Contract Management

Advanced Contract Negotiation
Contracts are absolutely essential in the petroleum industry, and poor contract negotiations can result in many unnecessary and costly problems. When engaged in contract negotiations of all types and value, your skill as a contract negotiator may not only prevent losses and increase gains for you and your organisation, but it can also establish the foundation for long and mutually fruitful relationships.

While many negotiation courses address the topic in a general light, this workshop is specifically focused upon the Oil and Gas commercial relationship negotiation interface. You will learn how to become an effective negotiator in the context of a commercial contracting – you will realize that negotiations is not merely an event, but rather an inter-related phase in a larger process. When should you negotiate? How can you best prepare for negotiations with commercial partners in the Oil and Gas sector? Why are internal negotiations with stakeholders sometimes tougher than negotiating with external commercial partners? These are just some of the easier questions we will address in this interactive session.

This course offers you the key strategies and techniques to appreciably enhance your ability to negotiate better contracts and to better negotiate solutions to the inevitable conflict and (often) disputes that can arise in the post-award contracts environment. This program is designed with leading contract industry knowledge and practical contract negotiation case studies discussion and analysis to provide you with an interactive learning environment.

Post- Contract Management
Having established the supplier’s ability to deliver specific requirements and carried out due diligence, it is vital to ensure contracts are successfully executed.

All contracts require a minimum level of management oversight, but as complexity and risk increase, the need for performance monitoring also arises. Such effective performance monitoring is part of the contract management process and needs to be included in the contract specification.

Post-contract appraisal is fundamental to contract and supplier relationship management – it allows the buyer and supplier to monitor compliance, identify non-compliance and trigger corrective actions including contractual penalties and assess supplier performance and compare it with its peers. This course is designed in with leading contract industry knowledge and practical contract negotiation case studies discussion and analysis to provide an interactive learning environment.

Advanced Contract Negotiation

• UNDERSTAND the impact of power curves in negotiations
• REALIZE the importance and impact of of negotiating before and after partner selection
• DEVELOP effective negotiation strategies for your contracts in the Oil and Gas sector
• ASSIGN effective roles to negotiation team members
• LEARN effective negotiation tips and techniques
• ACQUIRE hands on negotiation experience in an oil and gas sector contract
• CREATE negotiation strategies that enable greater value and risk positions
• IDENTIFICATION negotiation tools that are needed for negotiation success in the oil and gas sector

Post- Contract Management

• RECOGNIZING and MANAGING contract breach - even before it happens!
• Properly STATING your rights and remedies post breach, and harnessing those rights for maximum results
• MANAGING your course of conduct in a way that will not result in a waiver of your rights or de facto
• MANAGE risk and supply chain vulnerability
• DELIVER continuous improvement, learning and knowledge transfer

The course is designed for those who are in need of a good understanding of petroleum contract negotiation & post-contract management:

• Procurement Managers & Executives
• Contract Managers & Executives
• Legal Managers & Executives
• Commercial Managers & Executives
• Business planners & Development Managers
• Project Managers & Executives
• Risk Managers & Executives

DAY 1

• Defiing Viable and Effective Negotiation Tactics
• Developing a Robust Negotiation Strategy Document
• Creating a Principle-Based Negotiation Strategy

DAY 2

• Establishing a Re-Negotiation Policy
• Mastering the Challenges of Internal Negotiations
• Populating the Negotiation Tool Box
• Calculating Financial Equivalents in a Winning Negotiation

DAY 3

• Negotiating and Managing the contract change order process
• Utilizing Alternative Dispute Resolution Options
• Managing Contract Close-Out issues
• Managing key contracts in the Oil and Gas sector

DAY 4

• Contract Management and Administration
• Contract Management Software and Other Tools
• Managing Scope Change - Internal

DAY 5

• Managing Scope Change - External
• Managing Disputes
• Managing Contract Close Out