Submission form here, which will ask for name, government, answer to the question, etc.

Plunder Test

Scenerio 1

You inherited a term contract for industrial gases in time to issue a new bid. The 20-year incumbent loses, and you then discover stakeholders at different locations signed unlawful ancillary lease agreements for bulk tanks that were not a part of the contract. The tanks cannot be removed easily and cannot be used by another contractor. The incumbent contractor has also filed a protest, stalled the award, and refilled many of the tanks for your end users, knowing that the end user would either have to lose gas they paid for or pay $75.00 for each tank remaining on sites after the contract closes. How do you resolve this?

Commentary 1

This was a Statewide Term Contract. The protest alleged that the newly awarded supplier would be unable to provide adequate service across the entire state. However, the Chief Procurement Officer (CPO) denied the protest.

Regarding the issue of newly filled cylinders, I challenged the supplier by pointing out that if they intended to leave their customers with a negative experience, that was their prerogative. Ultimately, they reconsidered and withdrew their position.

I also conducted a thorough review of the contract and identified all clauses that were in violation of applicable laws. I provided detailed commentary referencing the relevant statutes and explaining their application. This analysis was forwarded to the Procurement Directors overseeing bulk tank operations at the Technical Colleges. In collaboration with their respective general counsels, they initiated the termination of the contracts.

Following two initial disputes, the supplier agreed to release the remaining institutions from their contractual obligations.

Contribution Questions to 1

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-Tenna Rasmussen, CPO of Easy Breezy Creative Land