By guest author and skilled evaluator, Kavita Mittapalli, PhD
MNA Associates, Inc.
“OMG, I got played by a client who promised me work!”
“They took my evaluation plan (write-up) and gave the work to someone else.”
“I spent hours planning and collaborating on the proposal; wrote the full evaluation plan, yet, they put the work up for a bid and awarded the work to someone else.”
“I lost the work to the lowest bidder.”
“They stole my work.”
“I didn’t know that they even had a procurement (bidding) process in place.”
“There was no time to ask. We had a tight deadline. I just went with the flow.”
These are true statements from a few of my evaluation colleagues who have been burned by doing work for a potential client before a contract is formally awarded. These instances are rather unpleasant and cause anguish, sleepless nights, heartburn, sadness, and anger. I have been there.
Most of us in the contracting/consulting world have been snubbed at one time or another, and sometimes we totally get blindsided. In some cases, there have been lawsuits.
Can situations like these be avoided? For most part, yes.
The most proactive and prudent step is to ASK and KNOW the procurement rules before you agree to spend your time on pre-award work. Know the rules before you play the game.
A few tips:
1. Before doing any work, ask your client contacts (i.e., the project team member, grant writer/person who is working on the proposal, or the person who needs an evaluator) about their organization’s procurement rules, if there are any.
Each organization is different. Sometimes your main contact may not even know about the procurement process. If this is the case, they should contact their organization’s procurement office, office of sponsored programs, contracting office, or grants person and request the information you need.
2. Ensure that your contact confirms the procurement rules in writing, via email. Believe me, this email might really save you later should you find yourself in an awkward position with the organization’s procurement process. (For example: What if they change their mind upon award?)
3. Depending on the organization, there may be a case or clause in the procurement rules that will allow you to collaborate during the pre-award phase and get paid for your time and expertise. Before committing to anything, ask if this is the case and what are your options/chances are. Assess any potential pre-award work and decide if it’s worth the risk.
The organization may still have to go through a formal bidding process for the official project award. And some state agencies/institutions may have to go through a formal process for any paid work, no matter what. But always ask to be paid upfront for your time/labor if there is any uncertainty. I have been in a situation like this, and felt okay with the final outcome of the award no matter what because I got paid for my initial efforts.
5. Only take the risk if you have the time/desire to do so…Sometimes, it works.
In essence, if you don’t ask, you won’t know, and you might end up feeling like you’ve been played. So, play your cards well to win the game.
Good luck!