bidding advice for a contract, part 2

Discussion in 'Perl Misc' started by cartercc, Aug 19, 2008.

  1. cartercc

    cartercc Guest

    Okay, guys, I'm about four hours into this with the client, and have
    had some direct and blunt conversation with three of the principals.
    We both have a firmed up expectation of the work to be done.

    I have a legal background as I have previously noted but I have not
    relied on any forms or boilerplate contracts. What follows below is an
    on-the-fly response to the client's solicitation for a fixed price
    bid. I know it's not perfect. I would appreciate your comments. I will
    be sending this to them at COB today.

    Thanks, CC


    Fee for service
    In accordance with the bid solicitation dated August 14, 2008 and with
    the terms and conditions stated in this response, my flat rate bid for
    the construction of the IMD database, phases 1 through 5, is:


    My hourly charge for completion of phase 6 (support) is $40.00 per
    hour billed in increments of .25/hr.

    Scope of work
    The work consists of six phases, purchasing, manufacturing, inventory
    control, refinements, documentation, and support, as outlined in the
    solicitation. My charge is based on piece work rates for components as

    Database tables -$60 each
    Graphical user interfaces -$100 each
    CSV reports (Excel format) -$25 each
    Log files -$0
    Command line interfaces -$0

    Phase 1 (purchasing) consists of four tables, four interfaces, and two
    reports, for a total cost of $690, which represents 15% of the whole
    project. Thus, the cost of 100% of the project is $4,600.

    Platform and technologies
    The IMD database will be build with a client/server model using a
    browser interface. The database will be MySQL. The interface will use
    HTTP to communicate with web browsers on client machines which will be
    served by the Apache http server. The application language will the

    You will furnish the hardware and software necessary to construct and
    run this application. The hardware should be a commodity x86 (Intel
    compatible) machine. This does not have to be a high-end machine, the
    technologies listed can run quite well on a modest platform. These
    technologies do not require much processor speed or memory, and by
    themselves need little storage. The total amount of storage depends on
    your needs, and I do not have the information at hand to gauge your
    data storage needs. Here are the technologies I need to construct the
    IMD database:

    MySQL 5.0 or better
    Apache 2.0 or better
    Perl 5.8 or better
    SSH or equivalent connection n/a
    operating System OS agnostic (Linux or Windows)

    Secrets and confidentiality
    I will honor the confidentiality of this project and not disclose your
    data or information to third parties without your express consent and
    only then in connection with the work to be performed. You need to
    identify explicitly those matters that you consider trade secrets as a
    precaution so that I can guard these secrets in the application. I
    reserve the right to discuss the project with third parties in
    general, non-specific, and non-identifiable fashion in order to
    resolve technical issues.

    Intellectual property issues
    I will use free and open source technology to construct the IMD
    database. These technologies are released under various open source
    licenses, such as the GPL, Apache License, Artistic License, etc. I
    do not claim any intellectual property interest in the work. When I
    deliver the code base, you will own it and can use it, sell it,
    transfer it as you see fit. Likewise, I will retain the same rights in
    the code base. All data are your property and will remain your

    Documentation and no vendor lock in
    At the conclusion of each phase, I will deliver you a fully functional
    and documented version of the application. I will only use open source
    and freely available technologies, and will build the project in such
    a fashion that any capable developer can understand and enhance. All
    software shall be self documenting.

    We both acknowledge that the flat rate quoted above might prove to be
    improvident in the light of factors that are unknown at present. This
    includes factors that may increase the contract price or decrease the
    contract price. In this event, we will both undertake to renegotiate
    the contract price in good faith, with the primary criteria that the
    price should reflect both the amount of the work to be done and the
    value of the work to be done.

    If at any time you choose to discontinue this project, you may notify
    me and pay me for the work to date. I have no claim on full completion
    of the contract. If I face circumstances that prevent me from
    completing the contract, I will fully perform to the end of the then
    current phase and deliver to you a fully functional and documented
    version to the end of that phase. I will also work with you to ensure
    that your needs will continue to be met in any transition period.

    Payment of compensation
    You will pay the contract price as set out in the bid solicitation of
    August 14, 2008. I am not set up as self employed, and I would request
    that this be paid as W-2 wages. I understand that the net payments
    would be reduced by the amount of required withholdings (FICA, income
    tax, etc.) In all other respects, I am an independent contractor with
    other means of livelihood, and am not an employee of XXXXXXXXXXXX,
    Inc. I will work on this project on my own time as I judge
    appropriate, and you have no control over my schedule or work hours
    except as to the due date of each deliverable.

    Requirements specifications
    We both understand that I cannot build the IMD project unless you
    furnish full, complete, and unambiguous requirements specifications.
    You commit to timely delivery of requirements specifications. IEEE Std
    830-1998 sets out recommended practices for software requirements
    specifications, and you will conform to these recommended practices to
    the extent practicable given the nature of the project, i.e., that
    this standard is very much overkill for a small project like this one.

    I commit to adjusting to reasonable changing requirements, knowing
    that the completion of each phase may reveal the existence of new,
    previously unknown requirements and the obsolescing of previously
    identified requirements. I cannot build a system unless I know the
    specific inputs, specific outputs, and specific functional
    requirements. Any delay in the identification of these items on your
    part will extend the due date of each phase as appropriate.

    Good faith and best efforts
    Each of us has the obligation to work on this project in good faith
    using our best efforts. Differences of opinion and issues of
    communication will be resolved by discussion and full disclosure of
    all relevant factors. I commit to completing the project on time and
    within budget.

    Thank you
    Thank you for the opportunity to bid on this project. I look forward
    to assisting you in this.
    cartercc, Aug 19, 2008
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  2. cartercc

    brian d foy Guest

    In article
    cartercc <> wrote:

    > Okay, guys, I'm about four hours into this with the client, and have
    > had some direct and blunt conversation with three of the principals.
    > We both have a firmed up expectation of the work to be done.

    This isn't really about Perl, and if you are seeking business advice on
    contracts, you probably want to talk to a lawyer or business coach
    about it. There might be other newsgroups that discuss business topics.

    Good luck,
    brian d foy, Aug 20, 2008
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