Who we help
What we do
- Contract Risk Assessment
- Tender Submissions
- Contract Negotiation
- Training in Scope Definition and Contract Risk Management
- Commercial/Legal Principles and Guidelines
- Tender Approval Procedures
- Document Preparation and Review
Tenders and contracts
Contract Risk Assessment
We can assess a suite of tender documents to identify your legal, commercial, scope and pricing risks and advise how to address them when preparing your tender and your tender submission. Examples include:
HMAS STIRLING REDEVELOPMENT
We can prepare the commercial/legal comments for your tender submissions. We are highly flexible. Depending on your needs, we can prepare a ‘first pass’ submission for your legal/commercial manager to take forward, or we can work seamlessly as part of your tendering team, liaising with your commercial, legal, marketing and technical people to prepare the final submission. Typically, we would prepare two initial deliverables:
- a review which identifies the legal, commercial, scope and pricing risks and suggests possible mitigation options
- a draft set of tender comments with any proposed contract amendments firmly supported by rationale
The tender comments would then go through a number of revisions in consultation with your team. The final result is a compelling submission that dovetails with your chosen tender strategy and risk mitigation measures. Examples include:
WOODSIDE - KARRATHA LIFE EXTENSION PROJECT
We have extensive experience in contract negotiation. We think laterally. We are able to articulate your preferred position across the table with robust, persuasive argument. We can help set priorities and recommend strategies aimed at achieving the best possible terms. Our experience with operations often helps us find practical ways to circumvent obstacles. Recent contracts we have negotiated include:
SYDNEY METRO CITY & SOUTHWEST LINE-WIDE WORKS
NORTH WEST RAIL LINK – SVC CIVIL WORKS
For more examples of the experience we have negotiating contracts, please click here:
Please contact us for more information about how we can help you with a tender submission, a contract review or a negotiation.
Training and resources
Prodest provides staff training tailored to our clients’ particular industry, products and services. We also provide a range of guidelines and tools, including contract risk management guidelines, tender procedures, and pro-forma project contract/commercial documentation.
Training and Guidelines
We share our experience and know-how through practical training courses tailored to suit your needs and help your staff perform their jobs better.
We train staff involved in winning and performing work – engineers, project managers, bid managers, estimators, programmers, commercial managers, finance personnel and lawyers. We also provide guidance materials in contract risk management.
CONTRACT RISK MANAGEMENT
Recent assignment: Prodest provided training in ‘Contract Risk Management’ and prepared a comprehensive set of contract guidelines for technical and commercial employees of a manufacturer of HV power equipment. The guidelines set out the preferred positions and negotiating rationale in relation to 31 issues commonly addressed in contracts for supply/ supply and installation.
SCOPE OF WORK
Recent assignments: Prodest has provided half-day training sessions in ‘Improving Returns through Better Scope Definition’ for companies involved in:
- Power plant supply and maintenance
- Construction and maintenance services
- Communication network installation
Tools and Resources
We develop tender and contracting procedures from scratch, or enhance your existing systems. We can develop documentation to improve outcomes and efficiency. Examples include:
TENDER REVIEW AND APPROVAL PROCEDURES
- Back-to-back subcontracts to Department of Defence contract HC-1 2003 with eight variants tailored to pass through provisions that apply only to particular types of work or equipment.
- Pro-forma Joint Venture Agreements for consulting services with variants for (i) separate scopes of work, and (ii) integrated team services.
- Standard Conditions of Sale for a transformer manufacturer with variants for (i) supply only (ii) supply and install (iii) supply of services, and (iv) short conditions of sale.
Please contact us for more information about how we can help improve your organisation’s systems and skills or provide guidelines and tools that will help your team work smarter.
Claims and Advisory
Living with projects from conception to close out, we have a deep understanding of day-to-day operational issues and how to navigate them.
- We can help you with contract interpretation and administration.
- We can train your staff in how to prepare claims.
- We help manage claims by and against your company.
- We have extensive experience managing external lawyers and experts.
We provide hands-on, commercially pragmatic advice which aims to resolve problems before they go ‘legal’ and achieve outcomes that best serve your company’s broader interests.
And, if the situation demands, we are able to call on input from the very best specialists in their fields, including law, insurance, forensic accounting and programming.
Prodest provides Boards, CEOs and senior management with practical help to improve business and project outcomes.
The experience we have working as part of the management team in similar companies enables us to identify key issues quickly and find workable solutions that address internal and external factors.
- We advise on improving tender procedures including the substantive and functional inputs.
- We perform contract commercial audits.
- We provide forward looking reporting metrics to facilitate early intervention and improve the accuracy of forecasts.
- We can help implement solutions for a particular project or across your organisation.
Please contact us for more information.