Yashwant Kumar, Contracts Manager

Yashwant Kumar

Contracts Manager

China Petroleum Engineering & Construction Corporation

Location
United Arab Emirates
Education
Bachelor's degree, Civil Engineering
Experience
14 years, 6 Months

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Work Experience

Total years of experience :14 years, 6 Months

Contracts Manager at China Petroleum Engineering & Construction Corporation
  • United Arab Emirates - Abu Dhabi
  • My current job since November 2015

I. Corporate function
• Preparation/Review of Business Agreements viz., memorandum of understanding, confidentiality agreements, consultancy agreement, agency agreement, consortium agreement, joint venture agreement and service agreement.
• Legal Environment Studies of a Target Country and exploring business opportunity in Target country.
• Coordination with law firm for legal guidance on various issues including incorporation of business entity.
• Preparation of Request for Proposal (RFP) documents for Subcontract Works Package for Engineering Works, Civil Works, Fabrication Works, Painting Works, PE&I Works, NDT Works, Geotechnical Survey Works, Scaffolding Works, Insulation Works, TPI etc.
• Drafting standard template of LOI/LOA, Subcontract Agreement, Subcontract Special Conditions and Annexure/Appendices to Subcontract.
• Preparation of Contract Department Procedure and other formats such as document review format, payment application format etc.
II. Bid Support
• Review and Interpretation of provisions of Contract stipulated in the Tender and preparing Tender Risk Evaluation sheet.
• Preparation of clarification request, qualification/deviations list.
• Providing support to proposal team in replying to Contractual Clarifications (if any) requested by Client.
• Preparation of Subcontract Plan, subcontract control plan and other subcontractor related requirement of Technical Proposal of Tender.
• Providing support to proposal team in complying Tender Requirements.
• Sending Expression of Interest (EOI) and Request for Proposal documents of Subcontracts Works Packages to Subcontractors, coordinating with them for timely receiving of complete Bid Proposal.
III. Contract Administration
• Responsible for addressing all contractual/commercial issues related to assigned Projects including client contract, subcontracts and procurement.
• Drafting key communications on contractual and commercial issues.
• Preparation of change order/Variation claims.
• Preparation of Subcontract Agreements for the Assigned Projects and managing till close-out of Subcontracts.
• Preparation and finalization of Service Agreement for various Services provided by outside agencies.
• Certifying payment application for invoices receive for Services provided by outside agencies.
• Preparation of Purchase Order template and supporting procurement team in finalization of Purchase orders and on contractual matters during life cycle of purchase order until close-out.
Projects Overview:
I. Projects:
• Mender Field Development Project including construction 24 KMs of Asphalt Roads (International and Military Standards)
• Replacement of old 3 phase test separators at all degassing stations at Dukhan, Qatar.
• Habshan 5 De-bottlenecking for AG Project including construction of 18KM Pipeline with Right of Way, Abu Dhabi, UAE
FEED Engineering Projects:
• FEED Engineering for Belbazem Field Development Project

Contracts Administrator at Valentine Maritime (Gulf) LLC
  • United Arab Emirates - Abu Dhabi
  • November 2014 to October 2015

I. Accountable for
• Timely issue of correct invoices and follow up for collection of funds.
• Timely issue of Change Notifications and Change Proposals correctly reflecting the change content and follow up with Client for approvals.
• Timely administration of Contract Guarantees, Warrantee requirements for Contracts and Subcontracts.
• Ensuring that compensation to Project Subcontracts is made within the Subcontract commitments and adequate control over changes/additional work.
• Providing timely and accurate bid support.
II. Responsibilities
a) Client Contract Administration (For MHNRD PH III Project)
• Reviewing Contracts terms and conditions and preparation of Contract Summary.
• Highlighting and advising Project Manager about areas of potential risks and coordinating with PMT for advance action or mitigation of the same.
• Coordinating with other departments like Finance/taxation, Insurance and Legal and ensuring timely submission or notification of events.
• Drafting key communications on contractual and commercial issues.
• Timely issuing notifications for variations/extra works claims as per Contract and preparing change proposal with support of project services & estimation department and ensuring timely submission of the same for change orders.
• Preparation and timely submission of Contract invoices with adequate back-ups.
b) Subcontracts Administration
• Providing support to the Procurement/Subcontract team on critical contractual/commercial issues.
• Reviewing of Subcontract Agreements, Subcontract Special Conditions and its Annexure/Appendices and providing support during finalization of Subcontracts.
• Commercial administration of subcontracts (including invoice verification, evaluating variations & claims) and also ensuring bank guarantees and insurances should be in place prior to commencement of Subcontract Works.
c) Bid Support
• Managing multiple bid-support efforts concurrently.
• Reviewing bid documents and identifying and highlighting bid stage contractual risks & ambiguities for management deliberation.
• Developing bid risk register.
• Providing support to proposal team in developing concise contractual clarifications and assumptions of bids.

Manager(Contracts Administration & Claim Management) at punj Lloyd Ltd.
  • United Arab Emirates - Abu Dhabi
  • March 2010 to November 2014

I. Pre-Award
• Preparation/Review of Business Agreements viz., memorandum of understanding, confidentiality agreements, consultancy agreement, consortium agreement and joint venture agreement.
• Review and Interpretation of provisions of Contract stipulated in the Tender and preparing Tender Risk Evaluation, and;
• Preparation of Risk Assessment Inputs, Traffic Signal Analysis and Tender risk reviews associated with Tenders of countries:
- Middle East (Bahrain, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, Syria, Turkey and UAE)
- CIS (Azerbaijan, Kazakhstan, Georgia, Turkmenistan)
- Africa (Algeria, Angola, Ethiopia, Kenya, Libya, Mozambique, Nigeria, Rwanda, Tanzania)
- America (Chile, Mexico, Uruguay).
• Providing support to proposal team in replying to Contractual Clarifications (if any) requested by Client.
II. Post-Award Responsibilities
1) Contract Administration
• Preparation of Contract Appreciation Document (CAD), for an ease of reference of key contractual obligations of Contract, so that rights & entitlements of organization are timely & adequately secured.
• Drafting key contractual correspondence.
• Preparation of procedural flow chart for Change Order Management.
• Coordination with various departments like Finance, Quality, Insurance and Legal and ensuring timely submission or notification of events.
• Tracking of events/variations/claims entitlement strictly as per time line clauses of Contract and timely reply & submission of claims.
• Reviewing and strengthening potential claims compiled by Project Team and substantiating it with provisions of Contract and/or law.
• Maintaining & updating the variation register.
• Apprising higher management about the unresolved commercial issues and preparing the required reports/feedback for the same.
• Preparing recommendation for choosing the most appropriate dispute resolution mechanism and formulating strategy for favorable outcome.
2) Dispute Resolution:
• Preparation of work order for appointment of Claim Consultancy Company, Law firm.
• Review of deliverables prepared by Claim Consultancy Company/Law firm and suggesting improvisation required (if any).
• Preparation of briefs for legal opinions and for Senior Counsel and supporting counsel during Arbitration.
Projects Overview:
I. Projects:
• Development of 116.5 KM stretch of National Highway (NH9) between 116.5 KM stretch between Hyderabad and Vijayawada on turnkey basis, Contract Value of USD 170 Million.
• Tie-in Works, Contract Value of USD 197.403 million, at SE for ADCO, Abu Dhabi.
• Project Falcon for Bulk Liquid Terminal in JAFZA & Jet Fuel Pipeline to DIA, Contract Value of USD 127.341 million, at JAFZA for ENOC, Dubai.
• Polysilicon Plant, Contract Value of USD 724.25 million, for Qatar Solar Technologies, Qatar.
II. Engineering Projects:
• Contract for Basic Design for Water Supply Facilities Project for Gazprom, Iraq.
• Contract for Conversion of Habshan 0&1 Legacy Documents to Smart Plant P&ID & Smart Plant Instrumentation for Gasco, Abu Dhabi.

Assistant Manager at ITD Cementation Limited
  • India - Mumbai
  • October 2009 to March 2010

• Preparation of Contract Appreciation Document & highlighting important clauses.
• Providing support on the contractual matters to the Project Team.
• Reviewing and strengthening potential claims compiled by Project team and substantiating it with provisions of Contract and/or law.
• Monitoring the variations & claims status ensuring timely submission of responses.
• Preparation of briefs for legal opinions and for Senior Counsel and supporting counsel during Arbitration and other court proceedings.
• Preparation of documents for arbitration (Statement of Claim, Statement of Defense, Rejoinder, Sur-Rejoinder etc.).
Projects Overview:
• Construction of Integrated Passenger Terminal Building at NSCBI Airport, Kolkata.
• Supply, Installation, Testing and Commissioning of Track Work and Installation of Third Rail System for Bangalore Metro Rail Project.
• Contract for Strengthening & Widening of Existing 2 Lane Road to 4 Lane Dual Carriageway from Km 5.735 to Km 39.960 of NH-22 and Km 0.00 to Km 0.87 of NH-21 (Flyovers, Bridges and Underpass Works)

Education

Bachelor's degree, Civil Engineering
  • at M.S.Ramaiah Institute of Technology
  • June 2004

• Completed BE in Civil Engineering from M.S.Ramaiah Institute of Technology, Bangalore in the year of 2004 with First Class Distinction (76%)

Doctorate, Advance construction Management
  • at National Institute of Construction Management and Research

• Successfully completed Post Graduate Diploma in Advance construction Management from "National Institute of Construction Management and Research (NICMAR) ", Pune in the year of 2007 with CPI - 8.17.

Specialties & Skills

Dispute Resolution
Purchase Contracts
Negotiating Contracts
Contracts Adminstration
Subcontract Management
Dispute Resolution
Primavera
EPC Contracts
FIDIC Contracts
Negotiating Contracts
Purchase Contracts

Languages

English
Expert
Hindi
Expert
Arabic
Beginner

Hobbies

  • News Paper Reading
  • Watching Movies
  • Tours and Travel
  • Novel Reading