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What If?

Posted 9/2/2019

We all want to get the best value from our purchases, which is why we should consider issues that could be particular to the commodity and/or services to be purchased.

This is a form of checklist, substitute “What if” for each bullet:

  •         You are directed to incorporate community social initiatives in all large procurements;
  •         You receive no responses to the issued RFX;
  •         All responses to the RFX are over budget;
  •         You get a great offer, but the offer is non-conforming to the request;
  •         The supplier missed a mandatory site visit and wants another opportunity to visit the site so they can submit an offer;
  •         The low bidder on a project made a mistake and wants to withdraw and get their bid bond returned;
  •         You receive multiple offers, but all offers do not demonstrate the desired quality of product or service;
  •         Two years into a 5-year service contract the supplier wants to increase the price;
  •         Supplier performance is so poor you want to terminate the contract early;
  •         Your contracted service provider claims employment status;
  •         A sub-contractor to your contractor initiates a claim against you for non-payment of wages;
  •         A contractor claims for extra costs as a result of undisclosed factors relevant to the contract;
  •         A losing bidder claims your evaluation process was unfair;

This is a far from complete list of “what ifs”. If every procurement and resulting contract is performed without issue a lot of lawyers would be starved for work and much court time would be freed up. The good news is that most issues can be resolved before they become an issue through careful procurement planning.

Consider the value of the procurement, the supplier marketplace, the commodity and service product type and plan accordingly. There are a considerable number of resources you can engage for assistance.