Ken Follett <[log in to unmask]> wrote:


> In a message dated 12/21/00 2:40:01 PM Central Standard Time,
> [log in to unmask] writes:
>
> << what I actually meant was that some contractors (closed out victims)
> feared trying to do business while others threaten strong arm tactics >>
>
> Eric,
>
> This is what I thought it was about. I'm still curious to hear about the
> phenomena from fellow BPrs. The only form of close-out I've encountered is
> when I know from past experience that the other bidders are either low
> ballers, chop shops, or congential idiots as estimators.
>

I have had that experience, being closed out...  when a customer was limited
to one particular brand of product in order to match a look, or because the
product had some proprietary uniqueness....

however, if the local representative for that product was unable or unwilling
to fill the order or do the work, generally the manufacturer would either supply
the material direct, send in an outside, but authorized, contractor, or in a couple
cases, the original authorized supplier was eventually terminated and a new company
took their place in the sales territory....

it has been my experience that many times when a supplier or contractor has
been unwilling, it was more that they were unable, to handle the work, for
what ever reason....   lack of capital to handle that size job, stretched too thin,
not enough people, not enough equipment, you name it.... and at least once
it was because they had been treated very badly by the client I was contemplating
working for....

it pays to find out the details when a company doesn't follow thru...  ;)

a sidebar:  regarding ability to close out others on specification alone....
this tactic is used both to prevent unqualified bidders from being able to compete,
and to limit competition from other, qualified bidders with and "equal in function
but not form" product....

when a specifier writes a spec, the rationale for the choices is not always apparent,
and you may never know the details, even if you ask, specially if the spec was written
so as to close out a bidder who might retaliate with suit....  I have seen that done to
close
out incompetant bidders, but also bidders who differed culturally or ethnically

occasionally, one company really DOES have some innovative or superior feature or
material, that deserves exclusivity, and in my opinion, that's the only time specs should
be used that way....  generally I think specs should be function, not form based...

my two cents' worth, having enjoyed exclusivity for a while -- it's a double edged
sword...

deb  "ex-sole supplier of solid polymer partitions in SW ohio -- for about 6 months ;) "


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