About

In the words of a nominator…

‘He is the leader of the global legal key account contract expert network in TechnipFMC consisting of 16 lawyers situated throughout the world. In addition to leading the network he is legal key account for Equinor. The account lawyers task are to individually follow specific clients regardless of business or markets (subsea, onshore or surface) or geographies and monitor the clients’ activities to identify certain specific overall or strategic contractual trends and behaviours. A part of the Key Account Contract Expert tasks is to internally support the business and the legal counsel working on a particular prospect or proposal or project in alerting, highlighting and helping to resolve conflicts, assist in negotiations and help show one face to the client. Bjørn Gisle shows great commercial skills in doing this.

As a leader of this network he is responsible to organise the activities of this group and make sure the business gets the service required despite the existence of other organisational structures across the organisation globally.

Bjørn Gisle has been a vocal advocate for Alliance contracts for subsea, holding several talks on the subject showcasing the particular benefits of this kind of cooperation on behalf of the supplier industry as second chair in the Legal Forum in Association of Norwegian Industries and on behalf of TechnipFMC.

In todays’ market with high degree of consolidation, smaller developments, lower margins and with a changing client base (smaller oil companies) this type of cooperation is gaining attraction and momentum. An Alliance Contract is a contract model between oil company and main supplier which invites to earlier, closer and a more long lasting cooperation towards a mutual goal through prescribing a working methodology that too the greatest extent possible maintains and encourages a one for all, all for one mindset. Bjørn Gisle has been instrumental in TechnipFMC having success with various alliances with various E&P companies’.

Thought Piece:
The article will address the following topics 1) what the KACE network is and who we are 2) our working methodology 3) how we fit in the overall legal architecture

What is it?

The Key Account Contract Expert (KACE) network was put in place in 2017 as a part of a centralisation effort to utilise our internal legal resources as efficiently as possible. The rationale behind, besides utilising resources efficiently, are to create added value and mitigate risk. We can create value through one face to the client, utilise established contacts within the client’s organisation, use leverage acquired in historical situations, anticipate client actions, and create more appropriate qualifications in the tender phase based on previous negotiation experience or lessons learned. On the risk mitigation side to act as gatekeeper so that TFMC does not unknowingly take on new and more risk than necessary in light of the historical risk profiles between TFMC and our specific clients.

An added benefit for our internal clients is that the TFMC and more specifically the KAM has one key legal resource to turn to for strategic or specific advice for its specific client.

The KACE working methodology

Our working methodology is quite simple. We have defined our commitment to ensure a uniform approach to the role, even though the clients we follow are quite different.

Our philosophy: taking care to use existing systems, avoid creating dead systems, databanks or procedures and minimise duplication in reporting. Instead focus was how to create awareness, a purpose of role and sense of responsibility.

Our commitment and character:

“KACE’s commit to proactively keep themselves updated on the TFMC’s interactions with their account client and will proactively assist or intervene to ensure the best result for TFMC in both tender, execution or in any other relations with client where natural.”

In order for the commitment to not be only “empty” words we needed a mechanism to help us achieve our commitment. Partly through a personal assessment of the effort required to be successful as a KACE and partly through creating a stronger link between the KAM’s and the KACE’s.

What we found most efficient was to use a “KACE Guidance Document” to be filled out bi-monthly initially with relaxation once method of working is set. Purpose of document is to ensure that all KACE’s actively seek information on their client and maintain a close relationship with internal stakeholders.

The “KACE Guidance Document” is in its essence about creating awareness on each expert’s portfolio and a strengthening of the relationship with the KAM. The latter through an opportunity for the KAM’s to set KPI’s for the KACE in the Goals process. Hence aligning, the KAM’s interest with the KACE’s.

How do the KACE’s fit in the workflow and interact with GBU Commercial Legal Directors?

This to a certain extent dependent on whether the KACE acts as a peer reviewer, as a strategic advisor, a senior resource called upon to attempt to resolve deadlock issues or in its lightest form a source of information historical contracts for the local legal counsel.

The main value of the KACE as a peer reviewer will be to ensure (i) appropriate qualification of contracts, (ii) appropriate management of risks during negotiations with the client, and (iii) accurate reporting of positions to TFMC in deviations, contract summaries and Gateway meeting presentations.
Alternatively KACE input will hopefully provide global overview when setting the tender strategy and negotiating with the client