Advanced Contract Negotiation and Post-Contract Management

Transcription

1 Advanced Contract Negotiation and Post-Contract Management Master contract negotiation & post-contract management for maximum value in the oil & gas sector Date : 27th - 31st July 2015 Location : Kuala Lumpur, Malaysia Petrosync Distinguished Lecturer: Jim Bergman Vice-President Asia Pacific and Middle East IACCM *HRDF Claimable *Claim 16 PDUs or 1.6 CEU with this course! (PMBOKTM Guide on Catgeory Four programs Over 20 years of oil and gas commercial and procurement contract experience Led and managed supply-based portfolios worth over US$1 billion Developed contracting processes for Fortune 500 companies Assisted numerous clients through all phases and steps of contracting, negotiation, strategic sourcing and bidding processes, and contract management processes, demonstrating savings in excess of $100 million Contracts attorney for a Fortune 500 petrochemical corporation, and was responsible for legal negotiations support Testimonials: One of the best courses I ve been to and a great help to my work Practical, Easy to Understand and Extremely Useful. What more can I ask. Really happy that I signed up for this course. Full marks! Jim is one of the best instructors for contracts and procurement around! I like to thank Petrosync and Jim for this great course Supported by

2 Masterclass Overview 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. Masterclass Objectives 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 Specially Designed for The course is designed for those who are in need of a good understanding of petroleum contract negotiation & post-contract management: Procurement Managers & Executives Business planners & Development Managers Contract Managers & Executives Project Managers & Executives Legal Managers & Executives Risk Managers & Executives Commercial Managers & Executives IN-HOUSE SOLUTIONS SAVE COST IMPROVE PERFORMANCE REDUCE RISK PetroSync understands that in current economic climate, getting a return on your training investment is critical for all our clients. This training can be conducted exclusively for your organization. The program can be tailored to meet your specific needs at your preferred location and time. We will meet you anywhere around the globe. If you like to know more about this excellent program, please contact Jerry Tay (Conference Director) on or jerry.t@petrosync.com

3 ADVANCED PETROLEUM CONTRACT NEGOTIATION POST-CONTRACT MANAGEMENT 27th - 31st July 2015 at Kuala Lumpur, Malaysia DAY 1 Defiing Viable and Effective Negotiation Tactics Knowing the tactics and when to use them Anticipating the tactics of the other side - and planning how to react and respond Assigning certain tactics and roles to the appropriate team members - and preparing for the implementation EXERCISE: Addressing twenty potential tactics, and selecting the right ones, for negotiating a wellhead completion contract Developing a Robust Negotiation Strategy Document Defining the overall strategic outcome of a negotiation Key elements of a negotiation strategy document Socializing the negotiation strategy throughout the enterprise before the negotiation formally commences EXERCISE: Creating useful multi-purpose negotiation strategy documents - from seismic data modelling contracts to downhole fishing tool contracts Creating a Principle-Based Negotiation Strategy What is principle-based negotiation? Knowing when to use principle-based negotiation approaches Understanding the risks and benefits of principle-based negotiations EXERCISE: ROLE-PLAY - Negotiating a maintenance 3 services agreement, using a principal-based approach DAY 2 Establishing a Re-Negotiation Policy Justifying and defining the boundaries around re-negotiation Tactics and strategies for re-negotiation success The key elements of a re-negotiation strategy EXERCISE: Developing a re-negotiation strategy for a process chemicals contract Mastering the Challenges of Internal Negotiations The differences between internal and external negotiations Tactics and strategies for internal negotiation success Understanding the stakeholder - negotiation adversary or enabler? EXERCISE: Negotiating a services contract to support stakeholders across the entire integrated, multi-national oil and gas enterprise - from upstream to midstream and downstream DAY 2 (cont d) Populating the Negotiation Tool Box The proliferation of electronic negotiation platforms The need for negotiation strategy documents Capturing lessons learned and driving continuous improvement across other negotiations EXERCISE: Assessing and selecting the tools that work in the optimal scenario, with the optimal partner, with the optimal results Calculating Financial Equivalents in a Winning Negotiation How to measure financial equivalents in a negotiation What to do when negotiating the immeasurable Keeping score - even when the financial equivalents change EXERCISE: Negotiating a oil and gas production facilitiy maintenance services contract - and knowing the value of what was gained and given DAY 3 Negotiating and Managing the contract change order process What is a change order and why does it happen? Understanding the relationship dynamics behind a change order Documenting the change order and preventing excessive changes EXERCISE: Addressing the change order process with a freight agreement Utilizing Alternative Dispute Resolution Options What is arbitration? What is mediation? Exploring negotiation options before taking the litigation path EXERCISE: Negotiating a settlement/resolution of a dispute over a production sharing agreement Managing Contract Close-Out issues Why do contracts terminate? Understanding the rights and responsibilities that survive termination Closing out the contract - negotiation, communication, and change management considerations EXERCISE: Negotiation and management of gas plant maintenance contract after it expires Managing key contracts in the Oil and Gas sector Oilfield Services Agreements Capital Equipment Agreements EPC, EPCIC and EPCM Agreements FEED contracts Memos of Understanding and Confidentiality Agreements EXERCISE: Exploring a series of contract lanaguage provisions - what can be managed?

4 ADVANCED PETROLEUM CONTRACT NEGOTIATION POST-CONTRACT MANAGEMENT 27th - 31st July 2015 at Kuala Lumpur, Malaysia 1DAY 4 Contract Management and Administration Implementing the new relationship Identifying the rights and responsibilities for both parties Integrating a contract management and administration policy, process and program Contract Management Software and Other Tools Developing a contract management software strategy Selecting the right tools Calculating the ROI and maximizing the return Managing Scope Change - Internal Managing internal stakeholders The tension between flexibility and consistency Developing and drafting the change order DAY 5 Managing Scope Change - External Managing business partner expectations The tension between growth and reliability Negotiating and implementing the change order Managing Disputes Developing a dispute management process and roles Documenting the dispute Two-party and three-party dispute management options Managing Contract Close Out Understanding the survivability clause The mechanics and tools to ensure effectiveness and efficiency 3 Evergreen contracts, licenses and confidentiality agreements TESTIMONIALS FROM JIM S PREVIOUS ATTENDEES: Attending Petroleum Contract Negotiation was a complete package! - PSC Executive, SKK MIGAS (2013) The overall picture that I got from the course is that it was well-performed! - Government Liaison, VAALCO (2013) This course is very practical. It enhances my confidence to improve my current contract role. - Business Contract Manager, Thai Oil Public Company Ltd (2013) The instructor is very well-experienced presenter. This program has met my expectations. It is a good course with an excellent instructor! - Senior Legal Officer, Petronas (2013) The instructor presented the course well. The activities that we were asked to participate in were effective! - Legal Department, Legal Assistant, Petrofac (2013) PROGRAM SCHEDULE 08:00 09:00 Registration (Day1) 09:00 11:00 Session I 11:00 11:15 Refreshment & Networking Session I 11:15 13:00 Session II 13:00 14:00 14:00 15:30 Lunch Session III 15:30 15:45 Refreshment & Networking Session II 15:45 17:00 Session IV 17:00 End of Day

5 ADVANCED PETROLEUM CONTRACT NEGOTIATION POST-CONTRACT MANAGEMENT 27th - 31st July 2015 at Kuala Lumpur, Malaysia Petrosync Distinguished Instructor JIM BERGMAN Vice - President, Asia Pacific and Middle East IACCM - INTERNATIONAL ASSOCIATION FOR CONTRACT AND COMMERCIAL MANAGEMENT Over 20 years of oil & gas commercial and procurement contract experience Led & managed supply base portfolios worth over US$1 billion Developed contracting processes for Fortune 500 companies Assisted numerous clients through all phases and steps of contracting, negotiation, strategic sourcing and bidding processes, and contract management processes, demonstrating savings in excess of $100 million Contracts attorney for a Fortune 500 petrochemical corporation was responsible for legal and negotiations support Jim Bergman serves as Vice President of Asia Pacific and Middle East IACCM. Prior to joining IACCM, Mr. Bergman was a contracts attorney for a Fortune 500 petrochemical corporation, Amoco Corporation, and was responsible for legal and negotiations support to the procurement staff. He supported multiple locations globally, where he addressed strategic sourcing and legal issues concerning commodities and services valued at more than $1 billion annually. Mr. Bergman s experience encompasses developing, negotiating and managing contracts for a wide array of projects with multiple clients. He has been extensively involved in establishing many customer-supplier relationships founded on strategic sourcing, supply chain management, performance metrics and measures, as well as Total Cost of Ownership principles, and has served as editor for publications focusing on the successes associated in such relationships. He has also led in developing and delivering both public and internal training programs. As a strategic management consultant, Jim has assisted numerous clients through all phases and steps of contracting, negotiation, strategic sourcing and bidding processes, and contract management processes, demonstrating savings in excess of $100 million. His audiences and clients have included attorneys, plus financial, operational and sourcing professionals from multinational corporations and the public sector. Jim holds a Law Degree and he is licensed to practice law in Illinois, Texas and Oklahoma, as well as various US federal courts. JIM S CLIENTELE INCLUDE: Aramco Baker Hughes BP Chevron DuPont ExxonMobil General Motors Halliburton Petronas Sasol Shell Total Malaysia Marine & Heavy Engineering MISC Petronas Methanol Mimos Berhad Sime Engineering Talisman Malaysia Tenaga Nasional and many more

6 Course Details Title : Advanced Petroleum Contract Negotiation Post-Contract Management Date : 27th -31st July 2015 Location : Kuala Lumpur, Malaysia INVESTMENT PACKAGES Investment Package Standard Price 24 July 2015 Early Bird Offer Group Discount (3 or more Delegates) Group Discount is based on Standard Price * To enjoy the discount offer, payment must be made before deadline * For 5 or more delegates, please inquire for more attractive package. * Prices include lunches, refreshments and materials. Discount cannot be combined with other promotional offers. * Important: Please note that registration without payment will incur a SGD 200 administration fee. 1st Delegate Name Direct Line Number: Job Title: Head of Department: 2nd Delegate Name Direct Line Number: Job Title: Head of Department: 3rd Delegate Name Direct Line Number: Job Title: Head of Department: Deadline 26 June July DAYS MASTERCLASS SGD $ 5,995 SGD $ 5,795 10% discount for groups of 3 registering from the same organization at the same time DELEGATES DETAILS INVOICE DETAILS Mr Department: Mr Department: Mr Department: Attention Invoice to: Direct Line Number: Fax: Company: Industry : Address: Postcode: Country: Please note: - Indicate if you have already registered by Phone Fax Web - If you have not received an acknowledgement before the training, please call us to confirm your booking. PAYMENT METHODS IACCM Exam & Membership Per Pax SGD $ 200 SGD $ 200 SGD $ 200 Mrs Ms Dr Others Mrs Ms Dr Others Mrs Ms Dr Others By Credit Card : Please debit my credit card: Visa MasterCard AMEX Security Code: Card Number: Expiry Date: Name printed on card: By Direct Transfer : Please quote invoice number(s) on remittance advice PetroSync Global Pte Ltd Bank details: Account Name: PetroSync Global Pte Ltd Bank Name : DBS Bank Ltd Bank Code : 7171 Bank Swift Code : DBSSSGSGXXX Branch code : 288 Account No : SGD : USD : Bank Address : 12 Marina Boulevard, Level 3. Marina Bay Financial Centre Tower 3. Singapore All bank charges to be borne by payer. Please ensure that PetroSync Global Pte Ltd receives the full invoiced amount. Confirmation PROGRAMME CONSULTANT Name : Cay Aagen registration@petrosync.com Phone : Fax : TERMS AND CONDITIONS DISCLAIMER Please note that trainers and topics were confirmed at the time of publishing; however, PetroSync may necessitate substitutions, alterations or cancellations of the trainers or topics. As such, PetroSync reserves the right to change or cancel any part of its published programme due to unforeseen circumstances. Any substitutions or alterations will be updated on our web page as soon as possible. DATA PROTECTION The information you provide will be safeguarded by PetroSync that may be used to keep you informed of relevant products and services. As an international group we may transfer your data on a global basis for the purpose indicated above. If you do not want us to share your information with other reputable companies, please tick this box CANCELLATION POLICY You may substitute delegates at any time as long as reasonable advance notice is given to PetroSync. For any cancellation received in writing not less than fourteen (14) working days prior to the training course, you will receive credit voucher less a SGD $200 administration fee and any related bank or credit card charges. Delegates who cancel less than fourteen (14) working days of the training course, or who do not attend the course, are liable to pay the full course fee and no refunds will be granted. In the event that PetroSync cancels or postpones an event for any reason and that the delegate is unable or unwilling to attend in on the rescheduled date, you will receive a credit voucher for 100% of the contract fee paid. You may use this credit voucher for another PetroSync to be mutually agreed with PetroSync, which must occur within a year from the date of postponement. PetroSync is not responsible for any loss or damage as a result of the cancellation policy. PetroSync will assume no liability whatsoever in the event this event is cancelled, rescheduled or postponed due to any Act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, industrial action, or any other reason beyond management control. CERTIFICATE OF ATTENDANCE 70% ATTENDANCE IS REQUIRED FOR ISSUANCE OF PETROSYNC S CERTIFICATE. DETAILS Please accept our apologies for mail or that is incorrectly addressed. Please us at registration@petrosync.com and inform us of any incorrect details. We will amend them accordingly. CHARGES & FEE(s) - For Payment by Direct TelegraphicTransfer, client has to bear both local and oversea bank charges. - For credit card payment, there is additional 4% credit card processsing fee. I agree to PetroSync s terms & conditions,payment terms and cancellation policy. Authorized Signature : PAYMENT TERMS : Payment is due in full at the time of registration. Full payment is mandatory for event attendance.