Business legal question architectural or IP (1 Viewer)

[IC FBGCav]

We design and build corporate interiors and museums.  Do branding ect.

We often bid on projects on the state and federal level.  We were award a few projects lately over a competitor.  In our state you can either build or design a project but can't do both.  We were not teamed with an architect in this situation because it wasn't needed.  

So after we won the bid on a project, our competitor contacted the client and asked them if they could get a copy of our bid package.  

Our client didn't share the documents.  

So can I protect our bid documents from being shared?  And who wants work on this?  I have hired @Maurile Tremblay in the past but he is not in this line of work anymore.  I am located in NC.

Been with our company 20 plus years and this is the first time I encounter it.  It seems unethical to me.

TIA.

 

[Christo]

Our client didn't share the documents.  

So can I protect our bid documents from being shared?

Maybe I'm missing something. Why do you need to protect the bid documents if the client isn't sharing them?

 

[IC FBGCav]

Maybe I'm missing something. Why do you need to protect the bid documents if the client isn't sharing them?

Because if this is something they normally do or they get them on jobs they win it could put us at a severe disadvantage.

 

[IC FBGCav]

Most designs are custom but they can steal our ideas and pricing in a bidding process.  It matters.  

 

[IC FBGCav]

We also have a problem sometimes with corporate clients, even ones we do a lot of work for.  

We give them a design for a space and they don't hire us.  This is a huge drug company.  Then when the project is complete it is the design we gave them and they didn't pay for.

 

[Christo]

Then you have to insist upon confidentiality before you submit the bid.

 

[popeye]

So I assume that during the bidding process an non-disclosure agreement is not in place.  Would you be able to introduce one with potential clients on a go-forward basis?

 

[Buttonhook]

If you put a bid in for a public project all documents are public information, but:

Anyone wanting to review your bid would have to go through a formal Request for Public information. 

Most public bids have a disclosure that allows you to identify which information in your proposal is confidential and/or proprietary and that does not have to be shard if a Request comes through. 

 

[IC FBGCav]

Then you have to insist upon confidentiality before you submit the bid.

This is sort of what I am looking to get done legally by an attorney.  On future projects.

 

[IC FBGCav]

So I assume that during the bidding process an non-disclosure agreement is not in place.  Would you be able to introduce one with potential clients on a go-forward basis?

Great question but I don't see why that would be a problem if we address it up front.

 

[CletiusMaximus]

One of the known risks in any public project is that your bid package is almost always available through a foia request. Generally speaking, there’s nothing you can do about it. I personally don’t consider it unethical to request public info on competitors, since it’s so common. 

 

[IC FBGCav]

If you put a bid in for a public project all documents are public information, but:

Anyone wanting to review your bid would have to go through a formal Request for Public information. 

Most public bids have a disclosure that allows you to identify which information in your proposal is confidential and/or proprietary and that does not have to be shard if a Request comes through. 

When dealing with the State, not all funding comes from the State.  They sometimes partner with charities or a friend of so so organization.  

 

[IC FBGCav]

One of the known risks in any public project is that your bid package is almost always available through a foia request. Generally speaking, there’s nothing you can do about it. I personally don’t consider it unethical to request public info on competitors, since it’s so common. 

No foia, request.  So just asking is cool too?  If you don't mind what is your context or what you do?

 

[IC FBGCav]

BTW, I love all the responses, I am just looking to protect what I can for the company.

 

[CletiusMaximus]

No foia, request.  So just asking is cool too?  If you don't mind what is your context or what you do?

I can’t tell from the info provided, but it seems the client refused to turn over the docs, right? Meaning, if it is a public entity, it won’t turn over records on request but might have to if served with a formal foia request. I’m not an expert, but have advised professional service provider clients on hundreds of rfp bids on public projects over the past 15 years or so. 

 

[IC FBGCav]

I can’t tell from the info provided, but it seems the client refused to turn over the docs, right? Meaning, if it is a public entity, it won’t turn over records on request but might have to if served with a formal foia request. I’m not an expert, but have advised professional service provider clients on hundreds of rfp bids on public projects over the past 15 years or so. 

You are too macro, this is NC stuff with 3 to 10 people bidding.

 

[IC FBGCav]

They lost the bid and said hey can we get the winning bid package.

 

[Buttonhook]

As I said, you should have the right to identify what information in your bid is confidential/proprietary. Don’t think you need to get an attorney involved. 

 

[El Floppo]

Dot.

When I have contractors bid my projects, I never share the competitors bids with each other. I have no memory of the legal side of this however- just consider it the right thing to do. I do, however, selectively share whether one or the other is higher/lower in specific areas in an attempt to get the price down for my clients.

 

[IC FBGCav]

As I said, you should have the right to identify what information in your bid is confidential/proprietary. Don’t think you need to get an attorney involved. 

Our name is on our work but what recourse do I have if they ask and someone gives it to them?

 

[IC FBGCav]

What our designers do when we lose is look at the finished product.