JD1
Registered User
- Sep 12, 2005
- 16,176
- 9,757
I've done minor contracting out in my distant past so I know that Devcore meeting the basic requirements in their initial presentation is only a first step to being considered and having their proposal assessed. For all we know there could have been a number of proposals that were immediately rejected in stage one of the review process for failing those requirements.
Maybe I'm off but essentially at stage 2 it looks to me like the proponents clauses seem to be referring to who they are choosing to enter into negotiations with after studying all proposals who made it this far. It could be true that Devcore finished 2nd in ranking but to conclude that they have next negotiation rights would imply that they have been on the hook all this time to stay as a fall back. Neither makes much sense.
We also don't know about time components. I can't see the Gov't tying themselves down forever to someone who could have easily walked away without any constraints.
Not a legal expert by far but imo the NCC holds the cards and can decide which way to proceed. However in spite of the public feud they still have to justify cancelling the Rendez-Vous deal unless they have been so advised by the group that they can't meet their obligations. I'm not 100% sure that the "hold" on them by that group is completely gone.
I've done a lot of contracting work with the feds and the issue may not so much be 13.2, it might be not fully liking what was a compliant bid but not having the flexibility to make adjustments which may result in the need to re-tender. how far can you push the envelope on rejigging the Devcore bid without running in to legal challenges? idk the answer to that but I suspect it is the issue the legal beagles are grappling with