PIPELINE TECHNOLOGY

33 3R international Special-Edition 1/2010

Contracting strategies in the oil and
gas industry
By Carolin Schramm, Alexander Meiner, Gerhard Weidinger
Engineering, Procurement and
Construction (EPC)
In an Engineering, Procurement and Con-
struction (EPC) contract, a single-point con-
tract is awarded which comprises, as the
name implies, engineering, procurement and
construction activities.
This contract approach includes the entire
supply of materials and equipment, all de-
sign, engineering, procurement, construction
and installation works as well as commission-
ing, start-up, training, acceptance and testing
activities. Thus, all necessary tasks ready for
operating and handing over a turnkey sys-
tem to the owner.
The EPC contractor provides the owner with
a single point of responsibility, communica-
tion and coordination related to the major
activities involved. He is obligated to deliver
a complete facility or plant for a firm contract
price and guaranteed date [1], meeting the
required performance levels according to the
owners requirements. Due to a single point of
responsibility and the award of an all-encom-
passing contract, almost all risk is allocated
and transferred from owner to contractor.
This fact and the possible consequences are
likely to result in high contract prices which
include contingencies and mark-up to hedge
against risks such as, performance, cost in-
crease, time extension and potential loss.
The owners 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
and responsibility across a common bound-
ary between several independent entities
(Fig. 1). However, the major administrational
effort and accompanying costs rest with the
EPC contractor [2].
The EPC contractor has to deal with 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. 2). So, the project can largely be divided
into two fields of responsibility: the phase of
Oil and gas projects are currently characterised by increasing project complexity, different
size and intensified international involvement. Therefore, it is difficult to meet the project
objectives and challenges in terms of timely completion, costs, quality and revenue. The
process and the character of contracting and awarding a project contract appropriately in
early project stages are important for the future course and consequently the success of
the project.
Contracts are, in essence, tools for allocation of tasks, responsibilities and risks. It is a prin-
ciple of contracting that the party who controls risk should carry the risk. However, more
than this is needed. A contractor will often carry a risk whether he controls it or not but
at a price. Is this the best solution? Is a shared risk a better approach?
The contracting strategy shall take into account i) the desired allocation of risks, ii) division
of responsibilities, iii) interfaces, iv) market situation, v) splitting of works and services be-
tween the concerned parties, vi) time constraints. The selection of the contracting strategy
is the key factor which determines the entire project realisation. Therefore an awareness
and knowledge of the specific characteristics of possible approaches is essential. In the
following, four basic strategies are presented: EPC, EPC with Long Lead Items, EPCM and
Progressive Lump Sum (PLS).
Fig. 1: EPC Contract Structure
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34 3R international Special-Edition 1/2010
material and equipment with long delivery
periods before the EPC contract is awarded.
Long lead items, are material or equipment
that cannot be purchased or manufactured
within the available or desired time frame
between EPC contract award and the require-
ment of these items on site. Thus, once the
delivery times are known, it is apparent that
an EPC contractor, who is to be awarded a
contract at a later stage, cannot procure
these items in time. In such a case an EPC
with LLIs contract approach can be chosen.
The EPC with LLIs set-up diversifies from a
traditional EPC approach mainly with respect
to the overall project schedule and the con-
tractual organisation in the pre-EPC-contract
phase (Fig. 4).
The long lead items which have been pro-
cured by the owner, before the EPC contract
has been awarded, are either handed over
after delivery or the contract for delivery en-
tered into by the owner is novated to the EPC
contractor. The transferred items have to be
incorporated in the EPC contractors planning
and execution process.
The overall project schedule is affected by ac-
celerated and advanced activities (in contrast
to the traditional EPC approach) due to an
early procurement phase.
Key Characteristics:
Shortened overall project schedule
Procurement cost savings in LLIs
Procurement risk and selection of vendors
lies with owner
Risk of non-compliance of goods to the
project purpose
Higher co-ordination, communication and
contract management efforts, increase of
interfaces
The idea of splitting responsibilities and trans-
ferring disciplines and activities to specialised
contractors is indicated by the following strat-
egy.
owners responsibility and the phase of con-
tractors responsibility.
Due to the fact that a single-point contract
is awarded and nearly all responsibility rests
with the EPC contractor, the coordination
of the several activities and interfaces is re-
duced in its complexity.
In any EPC type contracting model the owner
has to manage the project either by his own
resources or by awarding these services to
a Project Management Consultancy (PMC)
contractor. Such services can comprise
consultation, advice, and supervision and
assistance of the owner in defining the
scope, contract tendering, evaluating and
award, scheduling and determining funding
needs. PMC contractor provides resources
to manage the project and delivers effective
contract management to fulfil the stipulated
aims and objectives [3]. The PMC is solely
under a direct contractual agreement with
the owner and therefore he has to maintain
a professional and neutral distance from the
EPC contractor (Fig. 3).
Key Characteristics:
Single point of responsibility for perform-
ance of the works, communication and
co-ordination remains with EPC contrac-
tor
Guaranteed completion date, perform-
ance and rm contract price
Clear division of obligations and liabilities
High contract price due to mark ups; con-
tract price may be inated as the EPC
contractor is assuming most of the risk
Negative impact on schedule due to com-
paratively long tendering period of EPC
contract and due to the initial engineer-
ing phase
Full dependence upon one contractor
Engineering, Procurement and
Construction with Long Lead
Items (EPC with LLIs)
Within the scope of an Engineering, Procure-
ment and Construction approach with prioriti-
sation on long lead items, the owner procures
Fig. 2: EPC -
Qualitative Time
Schedule
Fig. 3: PMC Contract Structure
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Contractual, schedule, cost and technical
risk rests almost entirely with the owner
High effort, coordination and communica-
tion due to interfaces and multiple con-
tracts
Complex contract build-up potential
gaps in risk allocation or missing but
required works and services
Progressive Lump Sum (PLS)
In a Progressive Lump Sum (PLS) contract, a
contracting strategy, mostly an EPC contract,
is combined with a specific approach on re-
muneration.
The remuneration, i.e. the contract price is
generally estimated on a lump sum basis,
but the entire project contract (mostly an
EPC contract) itself is broken down into
several sequential lump sum contracts. The
entire project is separated into pre-agreed
stages, which are awarded on a lump sum
basis within the scope of an EPC contract.
At the commencement, within project plan-
Engineering, Procurement and
Construction Management
(EPCM)
In an Engineering, Procurement and Con-
struction Management (EPCM) contract, an
engineering company is contracted to provide
engineering, procurement and construction
management services.
The EPCM contractor will assist the owner to
manage the entire project. Under this profes-
sional service contract, the project is largely
owner managed and therefore the cost risk
is borne and control is executed by the owner
and less by EPCM contractor [4]. The owner
has the opportunity to influence the EPCM
contractors business outcome due to direct
integrated relationships.
The EPCM contractor develops the de-
sign, executes the procurement process
and is the representative on behalf of the
owner and manages all contracts and
the construction process under its name.
Furthermore the contractor assists in all
negotiations to create direct contractual
relationships between the owner and the
construction contractors and the major
material suppliers.
The owners task is to conclude, co-ordinate,
execute and to administer the contracts.
For that reason, the owner ought to have an
experienced in-house team to check and to
approve the EPCM contractors managing of
these complex contracts (Fig. 5). The cost
risk for the project is borne by the owner, any
cost overruns and savings are usually to the
account of the owner. Hence, it is crucial that
the terms of the contracts are properly co-
ordinated with one another, protect the inter-
ests of the owner and that the risk is allocated
to the appropriate party.
Key Characteristics:
Overall control, in owners hands
No mark-up due to shared contract risk
Competitive market prices for deliveries,
all material, equipment and works, cost
advantages remain with the owner
Fig. 4:
EPC with
LLI - Qualita-
tive Time
Schedule
Fig. 5: EPCM
Contract Structure
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36 3R international Special-Edition 1/2010
owners existing organization and
resources
Due to the complexity of oil and gas projects,
the selection of an appropriate contracting
strategy demands great responsibility (in
respect of time, budget, out-come/success)
and experience by the decision-making units
(top project management and top procure-
ment management) and therefore represents
a fundamental and decisive task.
Bibliography
[1] Mallesons Stephen Jaques. 2004. EPC Con-
tracts - Oil and Gas Sector. www.mallesons.com
[2] Project Management Institute. 1987. Project
Management Body of Knowledge Glossary of
Terms. Pennsylvania: Project Management
Institute Inc.
[3] Mott McDonald. 2008. Project Management for
Oil and Gas. www.mottmac.com
[4] Loots, P. and Henchie, N. 2007. Worlds Apart:
EPC and EPCM Contracts: Risk issue and allo-
cation. London: Mayer Brown. www.mayer-
brown.com
Authors:
Dipl. Wirtsch.-Ing. (FH)
Carolin Schramm
Procurement Engineer
ILF Consulting Engineers, Munich
Germany


Dipl. Wirtsch.-Ing. (FH)
Alexander Meiner
Senior Procurement Engineer
ILF Consulting Engineers, Munich
Germany


For further information on the project or the
services available from ILF, please contact:
Dipl.-Ing. Gerhard Weidinger
ILF Consulting Engineers
Dep. Head Procurement, Munich,
Germany

Phone: +49 89 255594 0
Fax: +49 89 255594 144
e-mail: [email protected]
ning, a cost estimate for the entire project
is generated. After this, the first pre-agreed
stage, e.g. (detailed design) is awarded to an
EPC contractor, with the intention to award
the succeeding stages to this EPC contractor
as well. After completion of every pre-defined
stage or milestone, the contract price for the
next stage is renegotiated and re-evaluated
and is adapted by means of cost estimate
or proposal whose accuracy becomes incre-
mentally more precise through the increased
project process and project cost knowledge.
This means that each contract is based on
lump sums and on the preceding cost esti-
mate. In this way, the overall contract price
for the entire EPC project is progressively
adjusted for variations and changes in scope
and extent and so, the incremental contract
values are much closer to the actual costs
incurred. The contract price will be progres-
sively converted from a target price into a
lump sum contract.
Alternatively the contract price will be con-
verted from an initial reimbursable price to a
lump sum contract price.
Thereby, this entity contains the advantages
of a traditional lump sum contract with mini-
mal risk for claims without defining and de-
termining the scope of the project in its initial
project phases as is the case in a traditional
EPC approaches.
Key Characteristics:
Flexible approach concerning nal deni-
tion of the detailed project, termination of
project or change of EPC contractors
Reduced risk for claims and additional
costs, cost transparency and price secu-
rity
Progressive price and scope adjustment,
reduced cost risk due to dened mark-ups
Increased effort due to renegotiation and
generic co-ordination
Other characteristics as per normal EPC
contract
Summary
The selection of the contracting strategy re-
flects the desired risk allocation and the objec-
tive and purpose that the project owner wants
to achieve. Therefore, the specific features
and factors of the project have to be analysed
and compared with the characteristics of the
respective strategy in order to decide which
solution is the most appropriate.
The link between the parties involvement
in a project, willingness to assume risk and
the selected contracting strategy is illustrat-
ed in Figure 6. The level of involvement
and risk and a subsequent contracting
strategy varies between the two extremes
of largely with the owner or largely with
the contractor.
The key factors for such a decision can be
listed as follows:
type, location and size of project
risk allocation between owner and con-
tractor
division of responsibilities
interfaces
market situation
splitting of works and services between
the concerned parties
project time constraints
Fig. 6: Extent of
Involvement and
Risk Structure
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