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Awarded bid then it’s recalled
I bid on a project from an agency who really didn’t have a clue on their project. We were awarded the project based on our bid. Then in my first contact with the client, it appeared that the scope of work was not what the bid entailed.
The original bid included ONE video, but after discussing it with the client they said it invoved THREE videos.
Now they have “recalled” the bid and re-issued it with the right number of projects. How would you handle this?
Just re-submit a new bid? Or should they just ask me what the new total will be based on their new scope of work, since we were already awarded the original project?
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3 Replies
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No, new project, Greg. Start from scratch. Only now you know just what a PITA these guys will be, so you might want to figure in a margin for client indecisiveness and general tomfoolery. And be sure to get a down payment up front, with progress payments along the way. If they are this bad at spec’ing what they want, who knows how inept they may be when it comes time to pay the bills?
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Greg, do you mean three separate videos? If so, yes, I think you either need to ask whether you can go ahead with the bid they accepted on one, and add an addendum to that. It sort of goes to the issue of trust you may have with the agency. Also, I assume you mean an ad agency and not a governmental agency.
If an ad agency, then they have a client they are needing to inform. Sometimes this is just a formality, though you still need to be competitive. Also, I don’t understand whether it’s three separate different scripts and shoots, or whether this is three from the same general topic (i.e. one short edit, one long edit, and one for a different audience, technical vs. consumer). That would inform you and the agency on how to proceed. A governmental agency might be more strict about re-bidding a job in it’s entirety.
good luck. And yes, agencies are routinely very slow pays, so I would ask for 1/3rd down, 1/3rd on end of production (to pay the bills incurred during it) and one on satisfactory completion. Sometimes, if the project is months long, I bill for services rendered monthly, and the client retains 10% or more until satisfactory completion.
Al
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They “unilaterally” killed the contract, is there a “kill fee”? If so, send them a bill. If you want to do business with them, then you have to start over and go through the process again.
There are some clients that are not worth having, they cost you more than they are worth, the hard part is determining that BEFORE you sign on the dotted line, and then make no profit on a job, and in the worst case scenario it actually costs you money.
Bids are VERY dangerous, as there is NO opportunity to get “overages” unless it’s stipulated in the contract. Be very careful about “versions” as you can go broke in post by the “client” never being happy with the cut. Spell out, exactly what you are delivering, any included changes, and everthing after that is to be billed “time and materials”
If you are signing a contract that you have NO input in, you are in a very poor negotiating position, they have spent the time covering their behind, and making sure any and all liability is on your head, not theirs. Read it carefully and consult an attorney if there is ANY language you don’t understand, do not go back to the client for clarification as “verbal” interpretations are not binding and you will be held to the written contract.
If you have to sign quickly, and they will not give you the time to have an attorney review it for you, they are screwing you and you should consider walking away.
Good luck,
M
Malcolm
http://www.malcolmproductions.com
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