Digital Technologies – Global Commercial Director

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About the Company

Our client is an award winning Canadian, employee-owned multidisciplinary firm that delivers a comprehensive range of technical and strategic services, including consulting, information technology, engineering, process development, project and construction management to the Mining, Metallurgical, Energy, and Infrastructure sectors. The firm has served clients for over 80 years and has project experience in more than 150 countries around the world.

Our client is widely recognized for its ability to bridge the gaps between research and innovative technologies, and between engineering and reliable operations. The firm is particularly known for working with clients to develop business strategies and technologies; managing and optimizing production; executing projects that involve the scale-up of process technologies; and managing start-ups, commissioning and ramp-ups.

Our client delivers unprecedented business results for its clients through a commitment to quality, lower operating costs, more efficient utilization of capital assets, higher standards for safety and risk management, faster start-ups and continuous performance improvements in all projects and programs.

Scope of Position

Our client is currently seeking a highly accomplished individual to help develop/mature the firm’s growing global technology business which boasts both a complement of internally developed as well as customer solutions undertaken around the world. Reporting to the global leader of the digital business the role will assist on a broad range of issues from strategy to business modelling, go to market strategy development, pricing, contracts, licensing, SLAs, major client agreements, business development, and JVs/partnerships.

The role calls for someone who knows how both technologies and innovation can be deployed to best effect; an integrative thinker who is comfortable and has experience with many business models in the technology sector; a builder and an implementer. Working with the company’s full complement of capabilities, the Global Commercial Director will give identity, structure, direction and drive growth utilizing the firm’s unique abilities for disruptive thinking, technology, scale and business case driven solutions and products to enhance customers.

Success will involve coordination with the company’s customers, its internal business unit directors, technology directors and 3rd party organizations to refine the business such that the commercial value from the company’s products, technologies and solutions are maximized.

The successful individual will be an entrepreneurial businessperson with a portfolio of successes in converting ideas, new technologies into substantive businesses.

The position will be based in the firm’s Toronto offices.

Functional Tasks

• Assist product leaders with commercialization strategies commercial terms, and partner agreements
• Advise product leaders on intellectual property protection methods.
• Mentor and educate project personnel on commercial issues.
• BU specific activities as requested such as Project Value Benefit Analysis, write-off reviews, etc..
• Interface with Project Managers and Sponsors, Shared Services support team members (HR, Finance, and Proposal Teams), Joint Venture partners and client representatives regarding Digital products and project commercial and business issues as necessary.
• Develop and review commercial arrangements and terms contained in proposals and contracts, including the prime contract, subcontracts and Joint Venture agreements for all Digital products, projects and proposals. Prepare the commercial portion of proposals in accordance with BP strategy and risk review requirements.
• Prepare standard Intellectual Property (IP) terms and conditions for Inclusion in all Digital proposals and contracts to ensure the protection of Background IP and for the treatment of co-created foreground IP.
• Given the relatively new commercial models being used by the Digital practice, aid with typical software development contracting vehicles, including recurring revenue and licensing models.
• Develop NDAs, MOUs and JVs with technology partners and other third-party companies that become engaged as part of the technology ecosystem during project execution.
• Continuous improvement of existing commercial arrangements: limitation of liabilities in line with Corporate requirements, reduction and mitigation of risks being undertaken, achieving target multipliers and cash neutral or cash positive payment terms, reduction and elimination of problem receivables.
• Assist with preparation and presentation of Global and Regional Risk Review documentation.
• Lead in negotiations with clients on contractual and commercial terms.
• Interface with the regional BP leadership and Project Managers regarding on-going updates to sales forecasts, including bi-weekly management of the Digital Work in View and Work in Hand input meetings.
• Involve with business intelligence and developing market strategy with Business Unit Leads, assisting them in gathering market/business intelligence.
• Client engagement at the appropriate level, developing client relationships as required (engaging with client commercial management regularly), monitoring business opportunities and overseeing tender submissions.
• Interface with Shared Services for Commercial proposals including Legal (T&C’s), Finance (Rates, bonds, country entity setup), Taxation, etc..
• Work with Product and Project managers and project staff to ensure smooth project start-up and team mobilization, especially for major projects and projects undertaken in remote areas: expatriate conditions, legal entities and taxation setup, putting in place HR, Finance and other internal policies and procedures, local and remote administration support for expatriates, including personal security.
• Together with the project team, Commercial Managers, ensure proper prime contract and Joint Venture invoicing setup, contract compliance and change management. Ensure that first several invoicing cycles are properly completed. Establishing additional procedures with the clients related to invoicing and approvals for payment as necessary.
• Develop strategy and implement business cases to maximize commercial value of identified opportunities.
• In conjunction with other company leaders, identify opportunities to expand service offerings associated with new technologies.
• Work with the senior management team to develop, refine and implement the strategic direction for the division. This will include focusing the strategic and technology road maps and market plans with the goal of expanding and improving market penetration, go-to-market strategies and enhancing competitive positioning.
• Continue to build world-class capabilities.
• Focus the team to accelerate and drive the growth of the business, new market penetration and development, sector leadership and profitability.
• Remain abreast of the industry, competitors and technology trends with a view to ensuring that the firm’s services best align to market needs. Ensure that all alliance, acquisition and investment opportunities are considered and the most attractive, pursued.
• Where possible, leverage relationships and projects to the benefit of other divisions and the organization as a whole.

Key Performance Deliverables

In light of the identified responsibilities, the following are specific deliverables that the position is designed to achieve.

• Specific performance measures will be discussed with and agreed upon with the successful candidate.

Competency Profile

The following competencies listed below define the role of Global Commercial Director:

Strategic Approach

Develops a strategic plan to realize the vision. Revises strategy in light of changing circumstances. Takes a long-term view of organizational success. Works to clarify long term organizational goals. Able to stand back from immediate problems in order to focus on more far reaching ideas.

Commercial Acumen

Applies appropriate commercial and financial principles. Understands situations in terms of costs, profits, added-value and return on investment. Appreciates the commercial impact of own work on the organization’s total expenses and revenues.

Results Orientation

Focuses strongly on achieving agreed upon outcomes and ensures that key objectives are met. Conveys a sense of urgency and drives issues to closure. Aims to improve upon past performance. Establishes aggressive personal targets and strives to achieve them.

Initiative

Proactive. Seizes opportunities and acts upon them immediately. Takes responsibility for own actions and addresses problems before asked.

Customer/Client Orientation

Strives to provide customers/clients with personalized and efficient service. Anticipates customers’/clients’ needs. Quickly follows up on customer/client contacts and complaints. Monitors and acts on measures of customer/client satisfaction.

Industry & Market Awareness

Seeks to anticipate and respond to industry and market changes/challenges by understanding key characteristics, issues and the factors driving them. Aware of competitor’s products, services and position.

Boundary-Spanning

Incorporates information about the organization’s structure and protocol into decisions. Attentive to the internal politics and alert to shifting interpersonal dynamics. Establishes the necessary support networks and cross-functional relationships through rapport building. Recognizes, maintains and effectively balances the interests and needs of one’s own group with those of the broader organization.

Team Skills

Helps to create a sense of team spirit and harmonious relations through cooperation and support. Balances personal goals with those of the team. Fosters collaboration among team members.

Role Expertise

Demonstrates critical technical or professional knowledge/skills related to the role. Has thorough knowledge of relevant products, services and methods. Expands technical knowledge/skills and keeps up-to-date in own area of expertise.

Preferred Experience / Education

The following indicates specific industry, academic and functional experience/qualifications that are important to the successful achievement of the identified responsibilities and performance deliverables:

• Minimum of 10 years of experience in senior consulting/leadership capacity preferably with experience in engineering.
• Engineering degree and/or business degree – preferably both.
• Relevant experience in an industrial software business – desired 15+ years.
• A highly intelligent, strategically minded executive with superb communication and interpersonal skills and a willingness to roll-up his/her sleeves.
• Industrial Sales or Business Development experience a plus.
• Knowledge and practical experience dealing with intellectual property.
• Minimum 10+ years’ experience with software licensing and various commercial models.
• Strong analytical skills for cost estimating, pricing, terms & conditions and financial review.
• Strong writing skills for preparation of commercial proposals and correspondence to clients.
• High collaborative, strong team orientation well-suited to building consensus in a global concern.
• Experience in building and managing distributed teams of professionals.
• Highly competitive, unique compensation package to the successful candidate