Vacancy has expired
|Job Ref:||DRE00056||Employer:||Alstom||Job Type:||Permanent||Country:||Germany||City:||Dresden||Address:||Post Date:||19/10/2016 00:01|
GE is the world's Digital Industrial Company, transforming industry with software-defined machines and solutions that are connected, responsive and predictive. GE is organized around a global exchange of knowledge, the "GE Store", through which each business shares and accesses the same technology, markets, structure and intellect. Each invention further fuels innovation and application across our industrial sectors. With people, services, technology and scale, GE delivers better outcomes for customers by speaking the language of industry. NA|
Head of Contractual Tender Management
o First / Initial Review to T&C's
o Check RfQ regarding export control issues
o Preparation and handling of the contractual/ legal content of the offer as far as it goes beyond the know-how of the Sales/Tendering and PM engineers
o When tasked, analyze customer specifications at tender stage to identify commercial-related risks and opportunities to ensure that tenders and finalized "as sold" agreements are comprised of sound terms and conditions.
o Conduct of the negotiations with regard to the legal / contractual content. Review language of parent company guarantees and bonding arrangements as required.
o First analysis of the legal set-up of the project structure such as consortium
o Provide input and costs for hedging, bank charges, customs, insurances
o Analyze needs/requests for an export credit insurance
o Analyze needs/requests/possibilites for an export financing solution and check that rules of financing institutions (Word Bank, EBRD, ADB, SECO) are respected
o Support and guidance of the Project Manager and other functional Project Team members regarding general contractual issues and commercial implications. Ensure that legal aspects are addressed and provide recommendations for the elaboration of project strategies during the whole execution of the project.
o Prepare and follow up Contract Abstract to ensure contractual commitments and entitlements are properly identified and published to the relevant stakeholders. Provide prime contract flow down terms and conditions for incorporation into partner agreements, subcontracts, and purchase orders.
o Prepare and manage standard contract documents (request for EoT, compensation of extra costs, Notice of Delay and Disruption to the Works...) required throughout contract execution, and ensure dissemination within the organization. Oversee control of all contract documents for customer, consortium and subcontracts if CM is fully allocated to the project
o Liaise with insurance department/Broker for filing of damages. Responsible for preparation and submission of claims for recovery purposes.
o Set-Up of onshore activities: Teranga unit, permanent establishment, HR issues in connection with site personnel, foreign tax returns, VAT issues, bank accounts, customs and duties in collaboration with the relevant department (accounting, tax, HR etc.).
o Lead the establishment and negotiation of commercial positions pertaining to for instance price changes, contract extras, differing site conditions, scope ownership issues, time extensions, variations, escalation, force majeure, back charges, warranty, surety as well as insurance claims and letter of credit calls. Maintain claim register and proper contemporaneous claim records. Plan and support claims management strategies and manage claim actions towards/from customer, consortium partners and subcontractors. Is responsible for updating of NCR database. In case no amicable settlement can be reached, documentation to be prepared and handed over to legal for further (legal) measures.
o Manage administration of project change process (offshore & onshore) ensuring required justification, advice, review, approvals, and documentation of authorized changes.
o Provide on-going proactive monitoring, reporting and assessment of project strategies and performance compared to "as sold" contract terms and conditions in order to successfully manage project risks and opportunities. Ensure that proper and timely contractual notices are issued to customers, consortium partners and subcontractors. Recommend mitigating action plans to project team. Assist Project Manager in tracking and managing issue resolution.
o Review content of planned major subcontracts in collaboration with Sourcing Manager and relevant functions (in particular engineering) prior to issuance to ensure sound terms and conditions in compliance with the customer contract.
Language: English - mandatory
German - desirable