business excellence & roi enhancement strategies by dr punit sethi

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    Business Excellence-Enhancing

    Project Returns : Financial andProject Management

    Strategies

    By Dr Punit Sethi, PhD

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    Excellence in Strategies/PM(continuous stream of successfully managed)

    Time

    Cost/ROI

    Performance

    Customer Relation

    Internal

    Internal Metrics

    Culture

    Work Flow

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    5Ms

    Men

    Material

    Machine

    Money

    Minutes

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    Value Engineering

    Reduce Cost

    Improving Function (improving

    functionalities & performance)

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    Joint Ventures as Financial & PM

    Strategies

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    Joint ventures (JV)

    to carry out a specific project or simply to

    assist with the growth and continuation of

    a business.For success and enlarging Business.

    To meet Technical and Financial

    Qualification.

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    JV

    Business Agreement for finite time, a new

    entity & new asset-contributing equity.

    Good JV- Comprehensive Map of duties &

    obligations; minimizes complications.

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    Consideration for JV

    What is being achieved

    Exclusive Negotiation

    Confidentiality (Undertaking) ?

    Limitations of Territory

    What consents, approvals, licenses and permits are

    necessary for JV to operate?

    If cross border whos jurisdiction?

    Laws of foreign ownership and investment.

    Exchange controls, Relevant Taxes and Duties

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    Funding

    Own Resources

    External Resources

    Parties payment in cash or payment in kind such as expertiseand resources

    Must agree to percentage (%) of benefit for JV.

    Working Capital requirement.

    Any losses.

    Expansion Costs.

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    Advantages : JV

    For new products and latest technology enteringinto market, R & D of others

    joint venture allows two competitors to join forces,

    increase their market exposure, and compete at ahigher level against other, more powerful

    companies in the same industry.

    It also allows two connected businesses to

    cooperate on a joint project in a certain market.

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    Advantages : JV

    In India, going for JV has become essential for most of the

    Indian Companies as per Government norms/rule position

    even for Pre-Qualification for qualifying to go to next stage of

    bidding. Desires technical experience forces IndianCompanies to go for JV e.g Technical Capacity for purpose of

    evaluation (Project experience /Construction Experience on

    Eligible Projects in Highways Sector (Highways, Expressways,

    Bridges, Tunnels and Airfields) or Core Sector (Power,

    Telecom, Ports, Airports, Railways, Metro Rail, Industrial

    Parks/estates, logistics parks, pipelines, irrigation, water

    supply, sewerage and real estate development).

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    Disadvantages : JV

    Negotiating a joint venture can be complex and time

    consuming. It involves thorough research of the

    market and territory in which the products will besold or the project will be organized.

    Joint ventures can be expensive to set up initially.

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    Action Checklist

    Study any joint venture you might set up carefully.

    Obtain as much information from as many sources as you can

    before committing to an expensive joint-venture agreement.

    Plan it carefully and set up a realistic business plan with your

    business partner.

    Know your market and make sure that you have analyzed the

    consequences for your own business of entering into a joint-

    venture agreement.

    Economize by negotiating a reasonable rate with your legal

    advisers, but remember that it is better to incur costs by

    obtaining legal advice than to enter into a joint venture under

    terms that you do not understand.

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    Dos and Donts

    Do

    Choose your partner in the joint venture carefully, as

    you will be legally bound for a set period of time,

    under obligations that will prove costly if they are not

    successfully performed.

    * Involve your solicitors in the evaluation of both

    the risks and potential benefits of entering into a joint

    venture.

    * Negotiate your rates and make a contingency

    plan for any cost over-run. Plan carefully how

    the joint-venture will operate, how the profits will bedistributed and who will take res onsibilit for what.

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    Dos and Donts

    Do

    * Remember to have appropriate stake in JV to getyour experience considered on your own for next

    Project. (like NHAI says minimum equity of 26% for

    any earlier projects to be in eligible category to claim

    experience).

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    Dont

    Dont make the mistake of being attracted by

    the idea of a joint venture that has not been

    thoroughly planned and thought through.

    * Dont overlook the importance ofsetting

    up a contingency plan in case the jointventure will not work and the relationship

    breaks down.

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    FIDIC for Financial& PM Strategies

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    Knowledge of FIDIC

    (e.g especially International Bidding; Model Concessionaire

    Agreement)Knowledge of FIDIC. The acronym FIDIC stands for

    Fdration Internationale Des Ingnieurs-Conseils, French for

    the International Federation of Consulting Engineers.

    The founding member countries of the FIDIC were Belgium,

    France and Switzerland Located at the World Trade Center in

    Geneva, Switzerland, FIDIC aims to represent globally the

    consulting engineering industry by promoting the business

    interests of firms supplying technology-based intellectualservices for the built and natural environment. FIDIC is well

    known in the consulting engineering industry for its work in

    defining Conditions of Contract for the Construction Industry

    worldwide; code of ethics-fair, unbiased, impartial.

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    FIDIC

    * Companies and organizations belonging toFIDIC national member associations are

    encouraged to announce themselves as FIDIC

    members and use the FIDIC logo. The use of thelogo is strictly controlled, and all FIDIC products

    and services are protected by the FIDIC

    trademark.

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    The backbone of the body of FIDIC's publications is FIDIC's selection of contracts andagreements.

    FIDIC publishes conditions of contract for:

    EPC/Turnkey Projects

    Plant and Design Build Contract (updates Yellow Book and Orange Book)

    The Short Form

    Construction Contract (updates the Red Book)

    Works of Civil Engineering Construction (The Red Book)

    Electrical & Mechanical Works (The Yellow Book)

    Design-Build and Turnkey (The Orange Book)

    In 1999, a suite of three new conditions of contract was published by FIDIC, followingthe basic structure and wording harmonised and updated around the previous FIDICDesign-Build and Turnkey Contract (the 1992 Orange Book).

    These conditions, known as the FIDIC rainbow, were the Conditions of Con- tract for:

    l Construction, the so-called Red Book, for works designed by the Employer lPlant and Design-Build, the so-called Yellow Book, for works designed by the

    Contractor l EPC/Turnkey Projects, the so-called Silver Book, for worksdesigned by the

    Contractor

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    Red Construction Civil Engr EmployerYellow Plant D & B E & M Contractor

    (Orange)

    Silver EPC T/K ------- EmployerGreen Short ------- Employer

    Gold DBO/Long ------- Contactor

    White E & C ------- EmployerBlue Dredging & recla ------ Employer

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