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Contracting Strategy in Oil & Gas Pipeline PDF
Contracting Strategy in Oil & Gas Pipeline PDF
Oil and gas projects are currently characterised by increasing project complexity, different The EPC contractor provides the owner with
size and intensified international involvement. Therefore, it is difficult to meet the project a single point of responsibility, communica-
objectives and challenges in terms of timely completion, costs, quality and revenue. The tion and coordination related to the major
process and the character of contracting and awarding a project contract appropriately in activities involved. He is obligated to deliver
early project stages are important for the future course and consequently the success of a complete facility or plant for a firm contract
the project. price and guaranteed date [1], meeting the
Contracts are, in essence, tools for allocation of tasks, responsibilities and risks. It is a prin- required performance levels according to the
ciple of contracting that the party who controls risk should carry the risk. However, more owner’s requirements. Due to a single point of
than this is needed. A contractor will often carry a risk whether he controls it or not – but responsibility and the award of an all-encom-
at a price. Is this the best solution? Is a shared risk a better approach? passing contract, almost all risk is allocated
The contracting strategy shall take into account i) the desired allocation of risks, ii) division and transferred from owner to contractor.
of responsibilities, iii) interfaces, iv) market situation, v) splitting of works and services be- This fact and the possible consequences are
tween the concerned parties, vi) time constraints. The selection of the contracting strategy likely to result in high contract prices which
is the key factor which determines the entire project realisation. Therefore an awareness include contingencies and mark-up to hedge
and knowledge of the specific characteristics of possible approaches is essential. In the against risks such as, performance, cost in-
following, four basic strategies are presented: EPC, EPC with Long Lead Items, EPCM and crease, time extension and potential loss.
Progressive Lump Sum (PLS).
The owner’s task is to administer the contract
management in terms of his contractual re-
lationship to the EPC contractor as well as
interface management which includes the
management of communication, coordination
Engineering, Procurement and This contract approach includes the entire and responsibility across a common bound-
Construction (EPC) supply of materials and equipment, all de- ary between several independent entities
sign, engineering, procurement, construction (Fig. 1). However, the major administrational
In an Engineering, Procurement and Con- and installation works as well as commission- effort and accompanying costs rest with the
struction (EPC) contract, a single-point con- ing, start-up, training, acceptance and testing EPC contractor [2].
tract is awarded which comprises, as the activities. Thus, all necessary tasks ready for
name implies, engineering, procurement and operating and handing over a ‘turnkey’ sys- The EPC contractor has to deal with the owner
construction activities. tem to the owner. and also a large number of sub-entities during
the execution of the contract. The contractor
has to ensure that these entities comply with
the conditions stipulated and adhere to deliv-
ery times and requirements.
Through the numerous agreements and par-
ties, it is vital that the interfaces arising are
harmonised with each other properly. Inter-
face problems are often generated by coor-
dination and communication problems, e.g.
due to overlapping communication channels
or gaps, discrepancies or lack of clarity con-
cerning responsibilities.
In an EPC contract, the point where the re-
sponsibility of the owner ends and that of the
EPC contractor starts is defined exactly. At
this point (award of contract and its accept-
ance), almost the entire risk is allocated from
owner who is no longer involved in the project
execution, to a contractor who assumes full
responsibility for the realisation of the project
Fig. 1: EPC Contract Structure
(Fig. 2). So, the project can largely be divided
into two fields of responsibility: the phase of
Fig. 2: EPC -
Qualitative Time
Schedule
Engineering, Procurement and relationships between the owner and the ■■ Contractual, schedule, cost and technical
Construction Management construction contractors and the major risk rests almost entirely with the owner
(EPCM) material suppliers. ■■ High effort, coordination and communica-
tion due to interfaces and multiple con-
In an Engineering, Procurement and Con- The owner’s task is to conclude, co-ordinate,
tracts
struction Management (EPCM) contract, an execute and to administer the contracts.
For that reason, the owner ought to have an ■■ Complex contract build-up – potential
engineering company is contracted to provide
engineering, procurement and construction experienced in-house team to check and to gaps in risk allocation or missing but
management services. approve the EPCM contractor’s managing of required works and services
these complex contracts (Fig. 5). The cost
The EPCM contractor will assist the owner to risk for the project is borne by the owner, any
manage the entire project. Under this profes- cost overruns and savings are usually to the
sional service contract, the project is largely Progressive Lump Sum (PLS)
account of the owner. Hence, it is crucial that
owner managed and therefore the cost risk the terms of the contracts are properly co- In a Progressive Lump Sum (PLS) contract, a
is borne and control is executed by the owner ordinated with one another, protect the inter- contracting strategy, mostly an EPC contract,
and less by EPCM contractor [4]. The owner ests of the owner and that the risk is allocated is combined with a specific approach on re-
has the opportunity to influence the EPCM to the appropriate party. muneration.
contractors’ business outcome due to direct
The remuneration, i.e. the contract price is
integrated relationships.
Key Characteristics: generally estimated on a lump sum basis,
The EPCM contractor develops the de- but the entire project contract (mostly an
sign, executes the procurement process ■■ Overall control, in owner’s hands EPC contract) itself is broken down into
and is the representative on behalf of the ■■ No mark-up due to shared contract risk several sequential lump sum contracts. The
owner and manages all contracts and entire project is separated into pre-agreed
the construction process under its name. ■■ Competitive market prices for deliveries, stages, which are awarded on a lump sum
Furthermore the contractor assists in all all material, equipment and works, cost basis within the scope of an EPC contract.
negotiations to create direct contractual advantages remain with the owner At the commencement, within project plan-
Fig. 4:
EPC with
LLI - Qualita-
tive Time
Schedule
Fig. 5: EPCM
Contract Structure
Bibliography