What do you believe is the best way to handle this situation if you were Nicholas? If you were Ting?
Nicholas failed to include an important specification as part of the bid requirements. Nonetheless, follow up calls and a letter to Ting clearly indicated that the computers were required to have Windows XP operating system in addition to the bid requirements. Having written a letter and made calls to CompuComputers, Nicholas expected that the new computers would include all the required features including the Windows XP operating system. The best way for Nicholas to handle the situation would be to reject the computers operating on Linux system and to request for computers which had all the required specifications. Even though this was not highlighted in the procurement bids, it was clear through the letter and calls made that Nicholas wanted computers with a Windows XP operating system.
Ting deliberately delivered computers with the wrong specifications. Ting had received a letter indicating that Nicholas wanted computers with Windows operating system and among other features. The procurement law acknowledges various forms of communication during the tender process such as emails, letters and telephone conversations (Hackett & Statham, 2015). Nicholas clearly indicated this before he assigned the tender through a call to Ting. Legally, Ting led Nicholas to believe that the computers had Windows XP operating system. Ting would thus be legally liable for the delivery of wrong products. The best alternative for Ting is to request for more time and money to deliver computers with all the required specifications.
This contract has been signed by both parties and is in the administer phase of the procurement process. How would you continue managing this relationship if you were Nicholas?
It would be difficult to manage the relationship at this point since there was tension between the two parties. Nicholas had already realized that the computers delivered did not have all the required specifications, the reason Ting was evasive while asked if they had a Windows XP operating system. To continue managing the relationship in the best way, I would involve the Project Manager, Evelyn Kincaid, to intervene in the delicate situation. It would be crucial to communicate this to the Project Manager who would recommend the best decisions to make concerning the case at hand. In addition, I would establish the compatibility of the Linux system with the needs of the organization in order to build a strong case. If Ting completely objects to cancelling the installation of the new computers, I would contact the CompuComputer’s upper management and give them my grievances. Since Ting had refused to listen to the concerns raised, it would be best for Nicholas to involve third parties who would help resolve the delicate situation. Trying to argue with Ting would only make matters worse.
How do you share this situation with your Project Manager, Evelyn? How do you think that the Project Manager and Nicholas could have worked better as a team? Do you think teamwork was exhibited in this situation?
The best way to share the ensuing situation with Evelyn, the Project Manager would be through a face-to-face conversation. Face-to-face communication would be the quickest way of sharing the merging situation with the Evelyn. A face-to-face meeting with the Project Manager would enable Nicholas to clearly explain all details relating to the situation. It would also enable both Nicholas and Evelyn to analyze the situation and to come up with an appropriate recommendation, and not necessarily a court action. This would give Nicholas the opportunity to explain every detail relating to the ensuing situation in detail.
Evelyn and Nicholas could have worked better as a team rather than working like a boss and subordinate. Evelyn could have reviewed the written bid and made important recommendations if they were working as a team. She would probably have realized that Nicholas did not include important specification in the written bid. Nicholas and Evelyn would also have worked together in determining the winning bid. They should both have assessed the bids and come up with the winning bid. However, Evelyn delegated all the tasks to Nicholas who did not have the right knowledge in matters concerning IT. Thus it is clear that teamwork was not exhibited in the situation. If there was teamwork, Evelyn and Nicholas would have worked together instead of Evelyn delegating work.
What are your next steps if you were in Nicholas’s position?
My first step would be rejecting the new computers which were based on Linux operating system. I would then inform the Project Manager, Evelyn, of the situation and ask for her opinion. In this, I would explain that I clearly communicated all specifications to Ting prior to delivery, through a telephone call and letter. I would then make a written communication to CompuComputer’s management indicating the reasons why I have rejected the new computers. I would also include a request of delivery of computers which meet all the requirements, including Windows XP operating system. I would request for dialogue between the two companies to avoid going to court which may take a long period to resolve the matter. This is important since installation of new computers was a matter of urgency for the Medina Office Store. Involving the upper management in both companies, along with presentation of facts concerning the situation would help resolve the matter through dialogue. However in the worst case scenario, I would institute legal proceedings against CompuComputer Company for delivery of erroneous products
Reference
Hackett, M., & Statham, G. (2015). The Aqua Group guide to procurement, tendering and contract administration. Hoboken, NJ: John Wiley and Sons, Inc.
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