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seller proposal Vs requirement documentation

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lingeswaran.r
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seller proposal Vs requirement documentation

Thu May 14, 2020 1:01 am

Hi Manish,

Can you help to analyse the answer for this question?

As a project manager for a small university, you are currently in the process of selecting a vendor to develop a textbook and other training materials for a new course. Several vendors are interested in bidding on the contract. During a bidder conference, one of the prospective supplier asks about ownership of the intellectual property that will be created from the project. Which project document should have this information at this stage of the project?

A. Seller proposals.
B. Requirements documentation
C. Source selection criteria
D. Procurement contract

Answer-B

Why not answer A, because I am looking at below 2 points of view, can you help?

1) Requirements documentation is buyer document which should not have seller's request/condition,
2) In addition to above, still seller is not selected yet, so till buyer confirms the seller he should not add "intellectual property rights" to buyer's requirement documentation.
manishpn
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Joined: Sat Jan 04, 2014 3:55 pm

Re: seller proposal Vs requirement documentation

Thu May 14, 2020 5:47 pm

lingeswaran.r wrote:
Thu May 14, 2020 1:01 am
Hi Manish,

Can you help to analyse the answer for this question?

As a project manager for a small university, you are currently in the process of selecting a vendor to develop a textbook and other training materials for a new course. Several vendors are interested in bidding on the contract. During a bidder conference, one of the prospective supplier asks about ownership of the intellectual property that will be created from the project. Which project document should have this information at this stage of the project?

A. Seller proposals.
B. Requirements documentation
C. Source selection criteria
D. Procurement contract

Answer-B

We are in conduct procurement process, the need towards seller is captured in either the RFX documents or in requirement documents
refer to 12.2.1.2.
Seller proposal will be from each individual seller and they will individually confirm their compliance towards buyers requirements, the sellers responses are not be shared will other sellers


Why not answer A, because I am looking at below 2 points of view, can you help?

1) Requirements documentation is buyer document which should not have seller's request/condition,
2) In addition to above, still seller is not selected yet, so till buyer confirms the seller he should not add "intellectual property rights" to buyer's requirement documentation.
Br,
Manish P
PMP, PMI - ACP, SAFe Agilist
http://www.izenbridge.com/blog/7-effect ... ification/
lingeswaran.r
Beginner
Beginner
Posts: 26
Joined: Sat Apr 18, 2020 11:22 am

Re: seller proposal Vs requirement documentation

Fri May 15, 2020 12:58 am

Thanks Manish, just wanted to confirm one more thing.

Here, "intellectual property rights" is a request from seller not from buyer, are we saying even it is from seller, it should be recorded in buyer's requirement documentation as per 12.2.1.2. is it true?

Till buyer finalize the seller, why should he accept request from seller because other sellers may do work for buyer without this rights, so I would expect that the requirement document should be updated only after seller selection, is it not correct?
manishpn
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Posts: 2862
Joined: Sat Jan 04, 2014 3:55 pm

Re: seller proposal Vs requirement documentation

Fri May 15, 2020 6:58 am

lingeswaran.r wrote:
Fri May 15, 2020 12:58 am
Thanks Manish, just wanted to confirm one more thing.

Here, "intellectual property rights" is a request from seller not from buyer, are we saying even it is from seller, it should be recorded in buyer's requirement documentation as per 12.2.1.2. is it true?

It is not a request from seller, its clarification asked by seller, and in such cases the buyer has to say what is its requirement, if they want to OWN IPR or are okay with seller owning IPR

Till buyer finalize the seller, why should he accept request from seller because other sellers may do work for buyer without this rights,
This is clarification and not a ask, yes you are correct, also remember till contract is signed no party is obliged or bound to do what other party asks

so I would expect that the requirement document should be updated only after seller selection, is it not correct
No- requirement document is what buyer needs and if seller is not abe to meet those requirements then seller may not be selected , req document and SOW etc , is basically what the Buyer is asking and it helps them evaluate sellers on their degree of compliance towards all the ask
?
Br,
Manish P
PMP, PMI - ACP, SAFe Agilist
http://www.izenbridge.com/blog/7-effect ... ification/

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