tag:blogger.com,1999:blog-3271900052374447274.post8809171732153417984..comments2024-01-25T05:35:55.975-08:00Comments on Mike Purdy's Public Contracting Blog: Preventing "Bait and Switch" of Key PersonnelMike Purdyhttp://www.blogger.com/profile/15239516189299153384noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-3271900052374447274.post-56189583371014593252013-11-03T15:18:24.523-08:002013-11-03T15:18:24.523-08:00A public agency puts itself at some risk if they s...A public agency puts itself at some risk if they suggest that a contractor hires someone different from who the contractor originally proposed. If things don't work out for the contract, or there are performance issues, the contractor may well blame the public agency, arguing that the contract wouldn't have had problems if they could have used who they originally proposed. Is the contractor obligated to replace their key personnel with the agency's choice? It really depends on the language of the contract. Absent any specific contract language addressing this question, it's something that should be very carefully negotiated between the parties.Mike Purdyhttps://www.blogger.com/profile/15239516189299153384noreply@blogger.comtag:blogger.com,1999:blog-3271900052374447274.post-60738096661200676112013-10-29T17:55:36.237-07:002013-10-29T17:55:36.237-07:00What if a contractor proposes certain key personne...What if a contractor proposes certain key personnel, and the awarding agency / client 'suggests' (after award) that the contractor hire an incumbent in place of one of the proposed key personnel? Does the contractor have to replace their proposed key personnel with the client's desired incumbent? Is there any legal or ethical boundary crossed? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3271900052374447274.post-16098960708992879372012-12-12T09:10:45.406-08:002012-12-12T09:10:45.406-08:00I am wondering if anyone has tried to put in a sub...I am wondering if anyone has tried to put in a substitution processing fee of a significant size to discourage wholesale bait and switch of staff. The fee would be based on the administrative cost of reviewing the substitution and the impact on the program. It might include a factor based on the differential between the winning bid and the next lower bid.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3271900052374447274.post-58607820826703742792011-12-29T08:48:17.132-08:002011-12-29T08:48:17.132-08:00I disagree. They do it all the time in government ...I disagree. They do it all the time in government contracts. The contracts are often silent in this regard and the contractors propose a "dream team" only to switched after contract award.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3271900052374447274.post-51950945122816194972011-06-17T11:05:19.883-07:002011-06-17T11:05:19.883-07:00In theory, a public agency could find a consultant...In theory, a public agency could find a consultant in breach of contract for switching personnel without similar qualifications. A company who makes such a switch does so at their own risk as it may damage their reputation and ability to obtain future work from that public agency.Mike Purdyhttps://www.blogger.com/profile/15239516189299153384noreply@blogger.comtag:blogger.com,1999:blog-3271900052374447274.post-80662199968239551002011-06-16T07:53:37.868-07:002011-06-16T07:53:37.868-07:00So what's the penealty for "switching&quo...So what's the penealty for "switching" after you have a signed contract?IssyPLSnoreply@blogger.com