How to write a LIMS RFP Lock-out Spec. (just ask your local government)
How to write a LIMS RFP Lock-out Spec. (just ask your local government)
by Ephraim Gadsby,
The ways of the world of commerce and trade are mysterious and rather humorous. That is if you are just an observer looking for entertainment. It’s a little less funny if you are a participant. There can be serious winners and losers.
The world seems to break down into 2 sectors, the public sector and the private sector. When the private sector wants to purchase a LIMS, they can simply purchase what ever they want and management can delegate the decision process to the employees within the company who will be using the system.
The public sector on the other hand is supposed to be responsible to the tax payers, like all of us. They are supposed to provide a free, fair and open competition for government business so as to assure the best value for the tax payer and to prevent illegal deals to benefit government employees.
This article would be an instruction guide on how to write a LIMS specification that is totally slanted to the supplier solution you wish to purchase but there is a recent LIMS RFP that is posted on this site that gives the best example I have seen in a while. It is not too hard to find the bidder requirements that will orient this solicitation to the favored supplier. I do not know who that supplier is but I commend them on a job well done during the sales process.
An example of the most egregious lock out (in my opinion) is:
“The proponent must be a wholly owned US business; be ISO 9001:2000 Certified and be a Microsoft Certified Partner for a minimum of 8 years.”
I am sure the purchasers will say this requirement is very much needed and is reasonable. If that is so, then I assume that this requirement applies to all systems purchased, not just LIMS. The real proof of the lock out spec will come in the form of lower number of qualified bidders and resulting in the vendor of choice being selected. You vendors can probably guess who the fair haired child is.
Here is another good example:
The LIMS shall include or provide an easy interface to a standard product for statistical analysis capability for historical trending and examination of LIMS data. Graphics capabilities shall also be provided for display and reporting of statistical information. THIS MUST BE INTEGRATED INTO THE LIMS and CANNOT be from a 3rd party software provider.
If the LIMS system can meet the functional requirements, why stipulate that it cannot be supplied and supported by the LIMS vendor regardless of the originating party? Why… to make it a lock out spec.
If you are a LIMS vendor that sees this RFP, you won’t have to look to hard to find the other areas that make this RFP a lock-out spec.
The public sector must be very careful in how they conduct business. It is fine that you have entire departments and individuals devoted to the purchasing process and to keeping it fair and open but when it comes to the technical details, those specifications can be as slanted towards one supplier as if you had clearly stated in YOUR RFP, “no minorities need apply”. This can be dangerous ground for all concerned and frankly… It is ILLEGAL.
For this LIMS RFP, I predict very few bidders since the winner will be in 100% compliance on the most egregious areas, thus allowing purchasing to eliminate the others for non-conformance. Should there still be plenty of bidders, certainly the lowest truly qualified bidder will not win and it won’t be amazing if the winning bidder comes in just under the amount budgeted for the project. In the end, we all can only hope that the poor losers will be good sports about it and that the winner will be the Tax Payers.
As an observer (not an expert) to this community who interacts with a multitude of LIMS users, vendors and industry experts, I see no value in a lock out spec for the customer. In private industry, they do not need it since they can pick whomever they wish. In the public sector, it can verge on the point of being illegal if not immoral.
If you are going to write a lock out spec. don’t make it so obvious. Better yet… just play the game straight and do your job and write a specification that focuses upon your needs and don’t resort to tricks to slant the purchasing process. Your tax payers and your elected government officials will thank you.
