competitor not performing

Started by rsenn · May 14, 2017 · 10 replies

  1. r

    rsenn

    May 14, 2017 · 9y ago

    Original post

    A couple of months ago we lost a LPTA re-compete to a company with a less than stellar reputation.  Call them Scuzzball.  True to form they made employment offers to some of the incumbent staff at 25% - 33% less than they were making.  Most said no, apparently with some juicy adjectives thrown in.

    Word coming back from the government site via people still there is that Scuzzball has had only only a couple of people show up, clearly an insufficient number to do the work called for in the RFP, and presumably their contract, and that the supported population of people on the government site are unhappy with the absence of support from Scuzzball.

    I'm predicting that Scuzzball will try to get increases in their labor rates in one way or another (new labor categories for example).  I'm looking for a way to stop them from being rescued.  I'd prefer the government takes a hard line with them and drives them into bankruptcy, removing them from future competitions and causing an early re-compete of the contract.

    Does anyone have any advice as to how to make sure this happens?

  2. G

    Gordon Shumway

    May 14, 2017 · 9y ago

    rsenn said:

    I'm looking for a way to stop them from being rescued.

    Rescued? Like how so...

  3. M

    Moderator

    May 14, 2017 · 9y ago

    I'm troubled with this question.  I don't want anyone to:  (1) provide advice that interferes with the performance of any contract and (2) provide advice on how to injure another contractor.

    I think there may be legal options to suggest and am looking for that type of response.

  4. G

    Gordon Shumway

    May 15, 2017 · 9y ago

    I am assuming this is the typical 12-month base with four 12-month options set up? If it's really that big of a problem, the government can choose to not exercise the first option year and recompete the contract early. Or move forward with termination proceedings.

    Either way, this is a government/Scuzzball problem. If the customer is unhappy as you say, and just taking your story as is, it seems they would be, I'm sure the contracting office is scrambling to find a fix. They probably don't need you popping in, adding fuel to the fire.

  5. C

    C Culham

    May 15, 2017 · 9y ago

    I agree with Gordon Shumway. 

    Additionally there might be legal options for a competitor who was not the successful offeror in a competition but would the legal arguments be made on sound facts.  In some cases where there is smoke there is fire but in others, which I might suggest are in the majority based on first hand experience, the word coming back could very well be without basis.

    Move along and concentrate on being successful on the next competition!

  6. G

    Guest PepeTheFrog

    May 15, 2017 · 9y ago

    rsenn said:

    I'd prefer the government takes a hard line with them and drives them into bankruptcy

    LOL

  7. G

    Guest PepeTheFrog

    May 15, 2017 · 9y ago

    rsenn: PepeTheFrog likes the cut of your jib! But you should be very cautious about interfering in the contracts of other parties, as funny as it would be.

    Talk to an attorney before you do anything rash.

    rsenn said:

    A couple of months ago we lost a LPTA re-compete

    It sounds like the period of time to protest the award in a timely manner has passed, and the contract has moved to "contract administration" or "contract performance." If so, your options have trailed off significantly. Consider yourself to be the spurned lover, peering into a window from the hedges, hoping for the worst for a young couple. That's how the government might consider you. As far as the performing contractor, they might smoke you if you do anything improper to interfere with their business, clients, or contracts. Think carefully before you interfere in any way.

  8. D

    Don Mansfield

    May 15, 2017 · 9y ago

  9. R

    REA'n Maker

    May 15, 2017 · 9y ago

    Keep an eye on FBO for the fallout from a Termination.  That's all you can do.

  10. G

    Guest PepeTheFrog

    May 15, 2017 · 9y ago

    Don Mansfield,

    The reports of PepeTheFrog's death are greatly exaggerated.

    That cartoonist is a cowardly fool who has no power over PepeTheFrog, who is a sentient being, beloved by millions of PepeTheFrog fans.

    Viva Pepe!

  11. D

    Don Mansfield

    May 16, 2017 · 9y ago

    That's good to hear. Viva Pepe, indeed.

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