A question about contracts and state bodies

all_names_gone

Hi all Im looking for a bit of advice relating to a contract I tendered for recently.

I put in a tender to a state body to build them a website, as far as I am aware 3 tenders have to be put in for a contract, I was the only one that tendered for the job.

While I havnt signed anything yet, I was in contact with one of the coordinators of the project, in which there was an agreement in principal to get started. I started said website and showed some of the ideas to the person, which they seemed happy enough with.

The communication has been a bit bad to be honest, I asked someone connected to the job to get onto the coordinators involved, who apparently are communicating with each other, the message was to carry on with what I was doing.

Today I got instructions to stop what I was doing, that one of the board members isnt happy because it wasnt written into the minutes of the meeting and they now want to re-run the tender process to include someone else, seems like the board member in question had someone else in mind before I got involved

My question is, because I havnt signed where do I stand. Do I have any grounds to do anything to ensure what I tendered for is my contract and to continue on?

The internal wranglings of a state body is not problem, so therefore I shouldnt be dragged into their mis-communication with each other

whippet

I have tendered successfully and unsuccessfully for suppling government bodies and state entities .. I never supplied a single item or service without a written Purchase Order with a clear cost, reference number and detailed statement of work.

It might have been a bit of naivety on your part to commence work on the basis of what an individual said. With all state bodies unless you have the official purchase order you don't have the business.

It might be a case of cutting your losses or attempting to get something back by being ultra competitive when the re-tendering process kicks on

all_names_gone

yeah I think it might be wise just to cut my losses. Thanks for the reply

Victor

Your solicitor could look at http://en.wikipedia.org/wiki/Quantum_meruit

A problem may occur insofar as the rules for state organisations entering such contracts may be based on statute law, not contract / equity.

In any such circumstances, it is useful to obtain, at a minimum, a written instruction to proceed and have it mention your tender.

coylemj

Whippet is on the money, you need a PO, otherwise you do nothing. There is no such thing as an 'agreement in principle', it's a PO or walk away. Accepting informal guidance from someone to go ahead is foolish and naive in the extreme, there are too many people in most organisations (public and private) with an inflated view of their importance and power.

JimsAlterEgo

Do you have anything in writing to suggest they had engaged you? I don't think you have much hope but if you have anything in writing to suggest you had been engaged it might help.

all_names_gone

coylemj wrote: »

Whippet is on the money, you need a PO, otherwise you do nothing. There is no such thing as an 'agreement in principle', it's a PO or walk away. Accepting informal guidance from someone to go ahead is foolish and naive in the extreme, there are too many people in most organisations (public and private) with an inflated view of their importance and power.

I think foolish is going a bit far, its just the way I work and its how I keep clients, by coming up with ideas and keeping them in the process, a bit naive yes, State bodies obviously dont work that way and they obviously dont like good communication either as neither of the coordinators have been talking to each other.

Ah sure ill learn to avoid State bodies from now on

all_names_gone

JimsAlterEgo wrote: »

Do you have anything in writing to suggest they had engaged you? I don't think you have much hope but if you have anything in writing to suggest you had been engaged it might help.

all I have really is a bit of a back and forward with one of the coordinators asking what I needed to get started and that I would come up with some ideas but nothing on paper with a signature

whippet

all_names_gone wrote: »

I think foolish is going a bit far, its just the way I work and its how I keep clients, by coming up with ideas and keeping them in the process, a bit naive yes, State bodies obviously dont work that way and they obviously dont like good communication either as neither of the coordinators have been talking to each other.

Ah sure ill learn to avoid State bodies from now on

I have been tendering for years and it can be a horrible painful process ... generally you really have no idea why you either won the business or didn't.

I am very selective in what I tender for and make sure that the admin associated with submitting the tender and proof of concept etc is actually worth the contract at the end.

Don't give up on state bodies altogether .. just go in with your eyes wide open and assume nothing, some contracts can be fairly decent.

coylemj

If you're bidding for business to the state or semi-state sector, one thing to look out for is if they publish the selection criteria and include a subjective, non-quantifiable (i.e. discretionary) element, that's usually a signal that they reserve the right to award their preferred bidder high marks for that category to make sure that he wins the business.