In general terms the Commercial and Contracts Management services for the pre-sales environment can be summarised in example form as follows:

1. Reviews of tenders, bids and proposals from a legal/commercial perspective;

2. Contract negotiations, contract preparation, post contract management;

3. Providing input for the company’s proposal/contract management approval processes;

4. Assist with the internal review processes necessary for obtaining management approvals for bid/performance bonds and guarantees, third party and parent company guarantees as well as letter of credit terms;

5. Assist with the internal review processes relevant to requests for power of attorney signatures;

6. Providing a primary focal point for dispute resolution on projects, as well as assisting the corporate lawyers with litigation;

7. Assist with the review of “deal structures” for possible issues relevant to tax (for example permanent establishment issues), global trade, monetary controls, trading licence, etc.;

8. Proactively take part in the creative solution/problem process necessary for resolving business risk and sales prevention issues;

9. Preparation and maintenance of ”cross-border” and “in-country” standard term and conditions templates (as well as other contract/agreement type templates) against company’s standard trading policies for the same;

10. Drafting bespoke contracts and sub-contracts for project specific sales that are consistent with a company’s trading policies;

11. Actively participate in the management processes necessary for establishing proper back-to-back relationships with subcontractors as well as assisting with the establishment of procurement processes and procedures necessary for successful purchase of products and services; and

12. Provide ad-hoc legal advice to the sales teams/businesses that is consistent with corporate policies and sound business practices.