1. #1
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    Question Bid specifications

    Question: Upon awarding a bid, who's specification does the manufacturer have to go by ? The ones our department sent out or the proposal the manufacturer provided ?

    For example; our specification asks for a master intake valve on both sides of the pump panel and their proposal only states there will be one on the left pump panel, who's prevails ?

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    Should be yours. You are the one paying half a million + for it!

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    What spec did you sign the contract for, your specs or theres?? if you signed the contract that it should be built to your specs, then they must follow yours, if you signed the contract that is should be built to there spec then you have to follow theres, plus what spec did they submit the price on, your spec or there spec and did they take exception to that

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    Not sure where you want to file this, but we don't get/recieve a secondary/manufacturer specs agreement/contract.

    When we bid out, and spec a rig, we tell them what we want. And in the bidding contract, we stipulate, that we will not accept a manufacturers spec bid.

    If a builder has a problem with that, then they are omitted. Either from them not bidding, or us not looking at them any further, if they do include one.

    For now, it garuantee's what we want, and what they have to build.

    FM1

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    Default A very common misunderstanding.

    The specifications and drawings of the apparatus the manufacturer provides with their proposal is what the manufacturer is obligated to provide. They are bound to build what they propose by their contract. Nothing more.

    If you agree to buy their truck and you did not catch their omission of the intake valve, shame on you! Blaming it on the manufacturer is a mistake. YOU should have read and fully understood what you were signing before you agreed to the sale.

    Now this goes both ways. Any new truck that was not built as contracted or does not perform as contracted needs to be returned or more importantly, left at the factory and not accepted. I know of many departments who have been very disappointed with their decisions because they did not understand what they were getting into. But they took the truck anyway and live with the problem. I just don't understand that.

    Unless there is specific language in the contract allowing the advertising specifications to be used as a construction specification, the manufacturer's proposal will prevail. Read and understand what you are getting into. It is a long term committment and you need to be prepared, educated, and aware.

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    On the projects I've been part of, the chosen builders spec is what is used as the blueprint for the build. We always review and modify the manufacturers proposals and ensure a "new" acceptable spec is what is signed as "the build spec". You cannot expect the builder to literally use your spec document in their facility. It is up to you to ensure that the chosen builder has re-worked their spec to be acceptable to you.
    Quote Originally Posted by gregmedic View Post
    For example; our specification asks for a master intake valve on both sides of the pump panel and their proposal only states there will be one on the left pump panel, who's prevails ?
    I'd think you may have awarded the bid to your chosen builder, but still would need to have a pre-build conference to ensure the build spec is acceptable. The pre-build conference is where a final "build spec" is signed. Of course the builder will charge you for the extra MIV as it was not part of their proposal price. We made over 60 changes at our pre-build conf. for a rescue pumper. Mostly very minor. Our only order from the Chief was not to exceed the award price.
    Last edited by RFDACM02; 09-18-2008 at 08:44 AM.

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    The trucks I have been a part of purchasing, we had a final meeting where the department rep (Me as Chief) and the Company Rep (Sales Rep) sat and reviewed line by line and initialled each item in the spec. At the end, each got a copy of the complete spec with both initials on it. That is what the factory was to build after the factory signed off that they understood it.

    If you did not get on the same page when signing the contract you have to live with it or pay for the changes.

    After it was built, we both sat and went line by line at the truck with the copy of the same document to see if it was built to spec. We found where there was a deviation and had another form to fill out documenting it and we both had to sign it and that went back for review by the office at the factory. They then agreed, it was suppose to do X and it does not, we will fix it.

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    Quote Originally Posted by gregmedic View Post
    ...our specification asks for a master intake valve on both sides of the pump panel and their proposal only states there will be one on the left pump panel...

    This seems to be all to common in truck specs. Some sales people feel by deleting options and making their truck cheaper they will be awarded the bid. Which unfortunately is far to often correct. Councils get wind of a cheaper truck give them the contract and the deptartment is left with only a portion of the truck they ordered.

    Like others have stated it is VERY inportant for truck specs to be combed over; line by line. If you asked for dual intakes and they only provided one in the spec, clarify the price of two intakes and add it to their proposed price before it leaves the committes hands and moves any farther up the line.

    Make it very clear to the bidding companies that you are going to compare apples to apples. Deleting equipment to bring cost down to make your unit look better is not acceptable. Hammer them on it!

    Having said all that, if you accepted their proposel, with the deleted intake valve... you wear it. Like others stated, you could add it back and pay, or delete something else to get it back at a neutrel cost.
    "We accept great personal risk to save another person's life; We accept moderate personal risk to save another persons property; We accept no personal risk to save what is already lost"

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    Default bid specs

    It really depends on what your boilerplate says... whose spec will prevail in conflict. However, if the bidder took a specific exception to something in your bid specs and you accepted it... than that exception prevails over the bid spec.

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    Personally, if I missed it and looked back over my copy of YOUR specs that you provided me to bid with, and I can verify I missed it, I'd eat it. That's the way I do business.

    There's been a couple of minor things I've done that with in the past.

    Too easy for me to be termed a "bait and switch" artist when that happens and I don't make it right, in my opinion.
    "Share your knowledge - it's a way to achieve immortality." - Stolen from Chase Sargent's Buddy to Boss program

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    Quote Originally Posted by RFDACM02 View Post
    On the projects I've been part of, the chosen builders spec is what is used as the blueprint for the build. We always review and modify the manufacturers proposals and ensure a "new" acceptable spec is what is signed as "the build spec". You cannot expect the builder to literally use your spec document in their facility. It is up to you to ensure that the chosen builder has re-worked their spec to be acceptable to you.
    Ditto.

    We have never signed a contract strictly on a bid spec. We used the bidding process to sort out who gets awarded the project and then work towards a Contract Spec. Thankfully this time there were few changes from the bid spec to the contract spec as we put together a fairly comprehensive Bid spec.

    One thing we did this past project was to ask for bid clarifications on those items that had large price swings between manufacturers. Our bids originally had a price swing of $150,000 and after clarifications it was about $50,000.

    Another thing that helped, was a comparison chart that was created in Excel. It highlighted areas that each bidder took exception to and didn't meet our Bid spec. The bid was awarded to that builder that most closely met our spec.

    We had a pre-build at the factory that was 1-1/2 days. Every spec item was reviewed, each engineer from each department (Plumbing, elect, etc ) met with us and discussed any concerns or questions.

    If you signed a contract that only had one valve, you need to pay for the other. Gotta read and re-read your specs, line by line.

    Just my .02.
    "The hero is commonly the simplest and obscurest of men."
    -Henry David Thoreau

    Visit my dept. at www.TCFD.com

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