Anyone who has ever been involved in sales knows how important it is to have open lines of communication with prospective buyers. This is of course how a seller can identify a customer’s pain, show where his product or service can add value and build trust.
Selling to local government is no different to any other sales process – you still have to find a way of convincing someone to buy your product or service. But the rules of engagement can often be quite different, particularly once a bid has been published. Many local government agencies impose strict regulations on when and how a bidder can communicate with them. This can often be a source of real frustration to a vendor and many feel isolated and curious about the real intentions of the buyer.
However, it is important for vendors to understand that this is pretty normal in the public procurement world and doesn’t necessarily mean that you are at a disadvantage. Like no other buying organization, government is under the public microscope and so they must put in place mechanisms that ensure fairness and transparency in the acquisition process. If they don’t they leave themselves open to questions about favoritism and the potential of an outcry from their shareholders – you and me.
Rules vary from one agency to another but generally vendors find that there is a prohibition on any oral communication between a vendor and the government agency employees once a bid is advertised until a contract is awarded. In some places something called a “Cone of Silence” may be imposed. The Cone of Silence prohibits communications regarding an RFP, RFQ or bid between potential vendors, service providers, bidders, lobbyists, or consultants and the agency’s employees. A Cone of Silence is also usually imposed between the elected officials and the agency’s employees. All of this is to ensure that one vendor is not favored over another.
Communication is generally allowed in the following circumstance:
- Written communication
- Questions of process or procedure
- Oral communications at pre-bid conferences or oral presentations before selection committees
- Contract negotiations during any public meeting
Any question that changes, adds to or clarifies the terms of the bid will then usually be conveyed equally to all competitors in an addendum to the solicitation.
Communication rules are much more relaxed prior to a bid being published. This is the time when I always urge vendors to meet and speak with government buyers, build relationships and qualify their prospects of selling. Once the bid is published it becomes much more difficult.
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