Construction Law/COTRACTUAL CONFLICT
QUESTION: Dear Sir
Please advise me regarding the matter as we have proposed composition of team for "Consutancy services of construction projects". The contract validity period after acceptance of proposal is 180 days.In other words financial offer validity period is 180 Days. In the mean time Authority has appointed another consultants for other project and allow the persons to deploy fro our proposed team.
Now authority has asked to us keep the persons with us which were proposed with proposal (the proposed team persons has already by the authority). Kindly advise in this situation, How to deal with the authority in this regard?
In other situation contract validity period has expired, The authority has not extended the validity peiod and asked to commence the services of Indepedent Engineer for a road project. Kindly clarify;
a. consutant has binding to deploy the same proposed team on the project or the firm can be permitted to replace the prosed team member with otherone without any penelty during contract negotiation.
I am expect an early valuable adwise in thease situation.
with due regards, Thanks in advance.
ANSWER: Hi Sanjay
This does not sound right to me.
The Employer is trying to impose his own people onto your independent team.
That would result in a conflict of interests.
My advice is to:
1. Withdraw your tender which has already expired anyway.
2. Insist you go forward with your own independent team.
Alternatively - what is to stop you firing the employers guys on day 2 of the appointment on the "Conflict of Interest" clause?
---------- FOLLOW-UP ----------
QUESTION: Dear Mike Testro
Thanks foe an quick response.
The matter is needed to clarify that;
1. we have submitted a BID for consutancy services with proposed team of technical persons for Technical proposal and rate the same in Financial proposal.The BID was awarded to our consultancy firm.
2. The validity period of BID was 180 days; which has been expired.
3. The contract negotiation can be completed within the period of validity period of BID. As per provisions of RFP of BID document during negotiation proposed team composition replace by more than two persons then Bid will become non responsive.
4. The BID validity period has already expired and same was not proposed to extend by the Employer.
5. We wants to continue with this situation to perform the negotiation on the basis of BID validity period has expired and Employer fails to extend the same within the time period.
Please advise on the situation;
a. Can we ask to the Employer relexation on replacement limit in composition of Team as the person were proposed originally has engagged themselves for other assignment after expiry of BID validity period?
b. Employer can consider the BID NULL and VOID after expiring of BID validity period or it shows malafied intention of Employer and open the chance to turn under conflict of interest?
c. In this situation Consultant can propose himself under the BID with new composition of Team for contract negotiation out of the condition of RPF.
Thanks in advance for valuable advise.
Everything possible in a re negotiation if the two parties are willing to do so.
The only way to find out if the Employer is willing is to request an extension of the 180 days.
If he is not then that would end the matter.