Mihir Upadhyay, Contracts Engineer

Mihir Upadhyay

Contracts Engineer

ADMA OPCO

Location
United Arab Emirates - Abu Dhabi
Education
Master's degree, International Commercial Law
Experience
26 years, 6 Months

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Work Experience

Total years of experience :26 years, 6 Months

Contracts Engineer at ADMA OPCO
  • United Arab Emirates - Abu Dhabi
  • My current job since September 2012

PRE-AWARD

- Internal approval and assurance: Directly responsible to secure internal approvals of Senior Management and shareholders for external commitments. Make clear presentations at various corporate levels and Shareholders for each such approval.
- Drafting and formulating: Participate and advise for negotiation and conclusion of legal terms of EPC and associated Contracts in compliance with Company’s standard T&C.
- Tendering and award of Contracts: Complete ITT cycle as single point contact with Contractors by managing various internal interfaces with technical, legal and insurance etc.
- Internal interface: Involve all stake holders; i.e. Legal, Insurance, Project Control and Project Team during formulation stage during negotiation process.

POST-AWARD (ADMINISTRATION)

- Integrate as member of Project management Team. Responsible as single focal point for all commercial matters and exercise all commercial authorities’ behalf of Company.
- Establish various commercial procedures (Variation, Procurement, Invoicing etc) with EPC Contractor for administration of large scale EPC and their associated Contracts.
- Provide necessary support to Project and PMC Team to draft letters on vital legal & contract issues.
- Ensure compliance to Project Insurance, Bank Guarantees and import process.
- Defend various change order claims and negotiate in line with T&C with EPC Contractor.
- Extraction of various contract closure activities from the contract and taking up the same with Contractor to ensure minimum disputes at the closure.

Contracts Engineer at Petrofac
  • United Arab Emirates - Abu Dhabi
  • September 2009 to September 2012

Pre Award


- EPC Contract Formulation: Prepare commercial analysis for higher management’s decision making of process on “Bid” or “No Bid”. Preparation of commercial deviations, negotiation of GCC, SCC and ITT terms and conditions with Client. Integration of commercial goals with proposal teams in order to create back to back agreements, rate contracts etc. at proposal stage. Involve various department heads i.e. Legal, Commercial, Proposal, Engineering & Procurement and Regional Taxation to ensure the seamless integration right from proposal to execution and closure of contract.
- Drafting and formulating: Participate in development, negotiation and conclusion of MOUs, Joint Venture Agreements, back to back Sub-contracts, and Licensing Agreements etc. to strategize the relation with partners for proposal formulation.
- Risk Management: Participate in Risk management workshop for identification and mitigation of project risks through regular risk meetings to the board of Risk Committee. Maintain pre-award Risk repository for project.

Post Award (Administration)

- Provide necessary support to Procurement and Subcontract sections for Commercial evaluation of supplier’s bids and participate in negotiation to align their T&C on back to back with EPC Contract.
- Risk Management: Carry forward risk register identified during formulation stage and continue updating the same till completion. Refer the same to various departments for mitigation plan, i.e. Insurance, F&A, Commodity, Forex etc.
- Contract Administration: Preparation of billing instruction, obligation matrix for internal team, BG monitoring, Insurance, Invoicing strategy, Track price and Forex variations, Import clearance.
- Claims Management: Identifying/Defend various change order claims and take up with Client, detailed Engineering Company, procurement and project management group. Single point responsibility of analysing, estimating, valuing, lodging and monitoring of claims.
- Subcontract Management - Participate in preparation of subcontracting strategy for various subcontracts under main EPC Contract to ensure the Risk Mitigation of main contract in terms of Defect liability, Force Majeure, Taxation, change management, incoterms, Licensor contracts etc.
- Manage Insurance - Taking up various Insurance claim with Insurance company/client, Insurance documentation on import and indigenous transportation.
- Statutory requirements - Liaison for various statutory requirements like EPCG, EC, Explosive, Cenvat credit to Owner, Invoice strategy for Service tax and VAT input credit etc.
- Contract Closure - Extraction of various contract closure activities from the contract and taking up the same with client to ensure minimum disputes at the closure. Carrying out RACI analysis for internal departments to ensure clear cut roles and responsibilities are shared for closing activities.

CONTRACT MANAGER - REFINERY DIVISION at LARSEN & TOUBRO LIMITED
  • India
  • March 2007 to September 2009

Single point accountability of contract management for large scale EPC projects from US$ 170 to 200 Million.

-Contract Formulation: Presenting the preliminary commercial analysis to higher management for taking “Bid” or “No Bid” decisions. Preparation of commercial deviations, negotiation of GCC, SCC and ITB terms and conditions with Client. Integration of commercial goals with proposal teams in order to create back to back agreements, rate contracts etc at proposal stage. Involve various department heads i.e. Legal, Commercial, Proposal, Engineering & Procurement and Regional Taxation to ensure the seamless integration right from proposal to execution and closure of contract.
-Risk Management: Identification and mitigation of project risks through regular risk meetings to the board of Risk Committee. Maintain Risk repository and circulate to key people involved in project. Monitoring proposal risk as identified right from the proposal stage till completion. Referring the same to various departments for mitigation plan, i.e. Insurance, F&A, Commodity, Forex etc.
-Contract Administration: involving budgeting for project, preparation of billing instruction, contractual obligations, BG monitoring, Documentation, Insurance, Invoicing strategy, Tracking price and Forex variations, Import clearance.
-Claims Management: Identifying various positive and negative change order claims and taking up with client, detailed Engineering Company, procurement and project management group. Single point responsibility of analysing, estimating, valuing, lodging and monitoring of claims.
-Contract Closure - Extraction of various contract closure activities from the contract and taking up the same with client to ensure minimum disputes at the closure. Carrying out RACI analysis for internal departments to ensure clear cut roles and responsibilities are shared for closing activities

Sr Engrineering & Purchase Officer at HINDUSTAN PETROLEUM CORPORATION LIMITED
  • India
  • December 1997 to March 2007

Contracts & Procurement for small scale to large scale projects with single point responsibility from conceptualization to capitalization in the book of account.

Corporate Strategy and new initiative.

Formaulation, execution and closeout of Projects.

Education

Master's degree, International Commercial Law
  • at Salford Business School, UK
  • November 2016

International Commercial Law with focus on Contract formulation, negotiation, CISG, International Trade laws, IP law, Competition Law, Corporate Law etc. Followed by dissertation on contracting strategy in large scale Oil and Gas Contracts.

Bachelor's degree, Mechanical Engineering
  • at REGIONAL ENGINEERING COLLEGE
  • June 1997

Mechanical Engineer in first class with distinction.

Specialties & Skills

Insurance
Integration
Management
Preparation
ERP-Contract Module
MS Office

Languages

English
Expert
Hindi
Expert
Gujarati
Expert
Marathi
Expert
Tamil
Intermediate

Hobbies

  • Cricket
    Represented school in inter school competition