We view contract and post-contract management to be integral building blocks for
the success of every scheme. In our assignments this stance often projects ...
Contract and Post-Contract Management Service Concept and Approach
© NPS
Issues regarding the tender and contract processes, as
Contract and post-contract management should be an
well as supplements, take on ever increasing weight. The
integral element of project management. The object of
contract is the central element of every project activity.
our services is a series of specific measures designed to
The day-to-day business of the project often allows very
target the early recognition of risks and opportunities, to
little leeway to attend to these complex tasks in detail.
facilitate the efficient handling of tender and contract-
Such tasks tie up staff capacities, which could often be
related issues from a technical/commercial perspective
deployed in other areas more effectively or more effi-
and to serve as protection of a clear factual framework.
ciently. Our aim is to attend to these tasks on your behalf, allowWe view contract and post-contract management to be
ing you to concentrate on your core activities. We offer
integral building blocks for the success of every scheme.
you exactly the degree of support that you need for your
In our assignments this stance often projects itself for-
project. Our employees are ready to put their consider-
ward to our clients. We pass on our multi-disciplinary
able experience to your advantage.
knowledge within a framework of a continuous transfer of know-how. The advantage to the client is always at the forefront of our thinking.
Contract Management Specification and Implementation For projects of all types different contracts will be struc-
During contract implementation, we monitor the fulfil-
tured, negotiated, concluded and fulfilled. On the one
ment of the contract from the technical, timetabling,
side, we deal with the management of contractual re-
manning or financial perspective and implement the
lationships, on the other with the contracts and their
necessary measures as regards your contractual partner
management. Contract management is based on the
to maintain their obligations. In this way we accomplish
following service modules and can be individually sup-
on your behalf targeted compliance with the agreements
plemented:
and obligations determined in the contract.
MODULE 1 Commencement of contract negotiations
MODULE 2 Contract drafting
MODULE 3
MODULE 4
Contract negotiation
Contract implementation
Within the framework of the commencement of contract negotiations the essential information for the contract
In detail we render the following services:
will be structured, analysed and appraised, taking into
• Analyse and structure service content
account the suitable choice of business operating mode.
and coverage
We specify the necessary services and participate in the
• Check perfomances comply with the contract
selection of your potential contractual partner.
• Agree professional fees, remuneration respectively
Contract drafting covers the configuration of the contrac-
• Monitor claims and invoices
tual relationship. We prepare the service specification
• Analyse, fix and monitor timetables and
and service descriptions and harmonise the respective
time limits
interfaces. In terms of risk distribution, the contract-
• Activate countermeasures in the event of
relevant factors will be analysed and appraised. Subse-
contract non-compliance
quently we specify the technical/commercial contractual
• Document the main sequences of contract
requirements on your behalf.
fulfilment • Contract administration and archiving
Contract negotiation should lead to the conclusion of a contract with a potential partner. We compare the intentions and representations of interests and support you in the contract negotiation process.
Post-Contract Management Specification and Implementation Given the multitude of supplements, the establish-
At the start of your project the organisation of post-con-
ment of an appropriate operational unit for post-con-
tract management should already be determined. In-
tract management is essential in order to minimise open
cluded within this is the creation of facilities for project
claims, conflict potential and related handling time by
build-up and sequencing operations, determination of
means of process optimisation.
the responsibilities and managerial authority as well as the definition of standardised documentation records and the establishment of a standardised reporting system.
Post-contract management in 4 modules as complete package or individually supplied services
MODULE 1 Organisation of supplements management
The analysis of your project with regard to potential supplements (Module 2) is the next important step for the contract-tendering phase. At this point the tender documents will be checked for completeness and feasibility as well as with regard to interfaces. The contractor’s bidding
MODULE 2 Examination of tender and bidding documents for supplements relevance
MODULE 3 Organisation and documentation of supplements handling and examination
MODULE 4 A Complete examination of individual or all supplements B Second examination of supplements after examination by construction management or site monitoring C Participation in the supplements negotiations
documents will be scrutinised for contract compliance in terms of pricing and time sequencing. Discrepancies in the tender and bidding documents will be identifiable so that the resulting supplement risks can be detected and diminished by means of corrections to the documents. At the execution phase efficient organisation and complete documentation of the supplementary work and examination (Module 3) is essential. In the selected workflow all contract amendments from the decision submission, through amendment instructions to the supplements agreement are monitored. Through appointed instruments, for instance our supplements databank namato, you will be kept fully informed at all times. This enables you to make decisions with confidence since you will be aware of the justification and origin of the amendments, as well as all their ramifications in terms of quality, costs and scheduling. Once the examination is complete, we support you in supplements negotiations. Documentation is held in an unalterable form, just as it is for supplements (if desired) and for objection notifications and obstruction notices.
Post-Contract Management Examination of Supplements Module 4 Technical Supplements and Building Time Supplements For the supplements examination and handling, the fol-
able changes to the contract amount and, if applicable,
lowing configurations are possible: the examination of
existing supplements relating to deadlines, we carry out
individual or all supplements occurs exclusively through
on your behalf a reconciliation calculation for general
KVL (Module 4A). If, however, the supplements exami-
expenses and indirect expenses.
nation is conducted by other participants in the project (site monitoring), then KVL will take on the role of the
For project configurations in which the examination of
second examiner (Module 4B). Alternatively KVL can
supplements is part of the site monitoring mandate, we
participate exclusively at the supplements negotiation
provide through Module 4B the second examination of
phase (Module 4C).
supplements with respect to claims, causes and amount, as well as the impact on scheduling. This is particularly
The examination of supplements (Module 4A) begins
applicable for complex technical supplements or supple-
with a review of documents for completeness. The sup-
ments with a construction deadline element, for which
plement is appraised with respect to the formal and
the mandated services evaluation is often not covered
– in coordination with your legal advice – qualifying
on the HOAI basis. If required we construct on your be-
conditions according to VOB/B (Vergabe und Vertragsor-
half conciliation scenarios for the negotiations.
dnung für Bauleistung, Teil B (order governing the placing and content of contracts for building work) or the
In Module 4C, as part of our participation in the supple-
BGB (Bürgerliches Gesetzbuch – German Civil Code). In
ments negotiations we carry out the preparation, execu-
the case of a positive result, the evaluation of the sup-
tion and reporting of the supplements negotiations and
plements calculation follows, essentially up-dating the
prepare the award report and the supplements agree-
contractual price level with reference to the original cost
ment.
estimate, the use of appropriate cost estimates and/or service values, as well as the correct use of agreements
Target and added value
to up-date costs, for instance fee sliding-scale mecha-
• Authoritative decision-making through
nisms. The results will be summarised in pre-set inspec-
optimised information and reporting systems
tion reports and will be passed, together with a decision
for contracts and contract amendments
submission, to the client.
• Prompt appraisal and negotiation of claims • Diminished conflict potential
Contract changes often have effects on the construc-
• Revision-proof documentation
tion time schedule; we evaluate these effects on your behalf, in terms of deadlines as well as in relation to the resulting additional costs. In the event of consider-
www.kvlgroup.com |
[email protected] | Phone +49 (0) 30 254107-0 | Contact Partner: Dr.-Ing. Steffen Schmitt
