Comments on: Negotiation Bait and Switch http://www.coyoteblog.com/coyote_blog/2005/03/negotiation_bai.html Dispatches from a Small Business Sun, 12 Feb 2012 09:39:47 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: James Burns http://www.coyoteblog.com/coyote_blog/2005/03/negotiation_bai.html/comment-page-1#comment-882 James Burns Tue, 22 Mar 2005 00:46:22 +0000 http://coyote-blog.com/wordpress/2005/03/negotiation_bai.html#comment-882 <p>I know nothing about the area of law, but it looks like this concept is sanctioned by law in Florida as long as they run the process properly. They seem to have 3 methods of procurement, sealed bids (your traditional low bid wins), sealed proposals (reads like a sealed bid but maybe more flexibility by the vendor to propose the solution), and sealed replies (make an offer and the state will negotiate from there). This is all set forth in State Statute 287.057 (see http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0287/SEC057.HTM&Title=->2003->Ch0287->Section%20057#0287.057). </p> <p>I would make a guess that you actually submitted a "sealed reply" without realizing there is a difference. </p> <p>Anyway, it's Florida, why would you want to go there?</p> <p>James Burns</p> I know nothing about the area of law, but it looks like this concept is sanctioned by law in Florida as long as they run the process properly. They seem to have 3 methods of procurement, sealed bids (your traditional low bid wins), sealed proposals (reads like a sealed bid but maybe more flexibility by the vendor to propose the solution), and sealed replies (make an offer and the state will negotiate from there). This is all set forth in State Statute 287.057 (see http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0287/SEC057.HTM&Title=->2003->Ch0287->Section%20057#0287.057).

I would make a guess that you actually submitted a “sealed reply” without realizing there is a difference.

Anyway, it’s Florida, why would you want to go there?

James Burns

]]> By: Ric Locke http://www.coyoteblog.com/coyote_blog/2005/03/negotiation_bai.html/comment-page-1#comment-881 Ric Locke Mon, 14 Mar 2005 13:32:36 +0000 http://coyote-blog.com/wordpress/2005/03/negotiation_bai.html#comment-881 <p>My experience is nearly twenty years old, but is otherwise almost identical. We told them to stuff it and went home; the contract went to a competitor, which suited us fine -- it's always good to see the competition losing money.</p> <p>They appeared to be "honest" in the sense that the later concessions weren't going to individuals. But one of the reasons you won the first cut is that you didn't know this goes on, so you didn't allow for it in your initial bid, which was therefore very attractive.</p> <p>I'd be interested to know what happens if you stick to your guns. Your post, below, about the other contracts you've won indicates that you might be able to afford it.</p> <p>Regards,<br /> Ric</p> My experience is nearly twenty years old, but is otherwise almost identical. We told them to stuff it and went home; the contract went to a competitor, which suited us fine — it’s always good to see the competition losing money.

They appeared to be “honest” in the sense that the later concessions weren’t going to individuals. But one of the reasons you won the first cut is that you didn’t know this goes on, so you didn’t allow for it in your initial bid, which was therefore very attractive.

I’d be interested to know what happens if you stick to your guns. Your post, below, about the other contracts you’ve won indicates that you might be able to afford it.

Regards,
Ric

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