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What to do with this Company??
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chiaroscuro
#21 Posted : Wednesday, May 15, 2013 12:45:09 PM
Rank: Veteran

Joined: 2/2/2012
Posts: 1,134
Location: Nairobi
segemia wrote:
maka wrote:
maka wrote:
richdad wrote:
Be VERY sure of what you are talking about. Then do what you think is right.

best answer so far...there is differing school of thought in regards to such a case and it will all depend how you present your case...there is a high chance you will loose though...what documents of yours did they use?were they copies?

My two cents you can alert the both the procuring entity and the procurement Oversight authority, whilst demanding damages from the offending party!


Where are the Procurement Oversight Authority located?



Here: http://www.ppoa.go.ke/
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segemia
#22 Posted : Wednesday, May 15, 2013 12:50:00 PM
Rank: Member

Joined: 2/20/2009
Posts: 658
chiaroscuro wrote:
If your intention is to set the record straight, then write to the institution a short letter simply saying that you ceased to be an employee of this company from XXXX date and that you no longer do any work for them or on their behalf... and that you have not authorised them to use your name in any dealings with anyone.

Send a copy of the letter to your former employer.... and if the institution is a public entity, send a copy to PPOA.

Then sit down and watch events unfold.

Be careful to show any emotions in your letter - keep it short and simple [K-I-S-S]


My big problem is, the company used my papers to gain an edge over the other tender participants and again what if by chance my current employer came across that winning tender and saw my papers indicating that i am also working for the previous company which i declared that I had quit when the current one were hiring me?
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segemia
#23 Posted : Wednesday, May 15, 2013 12:52:05 PM
Rank: Member

Joined: 2/20/2009
Posts: 658
chiaroscuro wrote:
segemia wrote:
maka wrote:
maka wrote:
[quote=richdad]Be VERY sure of what you are talking about. Then do what you think is right.

best answer so far...there is differing school of thought in regards to such a case and it will all depend how you present your case...there is a high chance you will loose though...what documents of yours did they use?were they copies?

My two cents you can alert the both the procuring entity and the procurement Oversight authority, whilst demanding damages from the offending party!


Where are the Procurement Oversight Authority located?



Here: http://www.ppoa.go.ke/[/quote]

Thanks boss.
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segemia
#24 Posted : Wednesday, May 15, 2013 12:54:41 PM
Rank: Member

Joined: 2/20/2009
Posts: 658
Thanks alot guys for the valued advise. I am getting wiser now and I have started seeing things in an informed perspective.

Keep it coming please.
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maka
#25 Posted : Wednesday, May 15, 2013 1:04:49 PM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
unfortunately you cannot get a share of profits. The nexus is too remote to suggest a causation in respect of profits. Who says that they wouldn't have won the tender without your name and papers?Damages yes,profits no...
possunt quia posse videntur
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Sasha
#26 Posted : Wednesday, May 15, 2013 2:15:43 PM
Rank: Veteran

Joined: 9/5/2007
Posts: 627
@segemia

3 quick questions:-

1) Was the proposal done after you left the company?
2) Have they included you and your qualifications as one of the key experts in the proposal?
3) Does the contract signed between the tenderer and your former employer indicate you as one of the resources for the project?

If you answered yes in all the 3 above, then your former employer was awarded the contract irregularly. You can make an official complaint to PPOA.

This has happened to me once. I approached my former employer and we had an amicable discussion about the project. Because it was a crucial and strategic project for my former employer, we agreed that they would subcontract to me the work they had proposed that I would do. So we extracted the exact number of days and charge-out rate that my former employer used and added that disbursements would be charged at cost.

For you, since you are working elsewhere, you would need to weigh your options. If your current employer prohibits involvement in projects outside their office, just approach your superior and inform them. If not, get the work subcontracted to you and make some side cash!
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  | | Edit by user: Wednesday, May 15, 2013 2:16 PM | Reason: Not specified
chiaroscuro
#27 Posted : Wednesday, May 15, 2013 2:36:05 PM
Rank: Veteran

Joined: 2/2/2012
Posts: 1,134
Location: Nairobi
segemia wrote:
chiaroscuro wrote:
If your intention is to set the record straight, then write to the institution a short letter simply saying that you ceased to be an employee of this company from XXXX date and that you no longer do any work for them or on their behalf... and that you have not authorised them to use your name in any dealings with anyone.

Send a copy of the letter to your former employer.... and if the institution is a public entity, send a copy to PPOA.

Then sit down and watch events unfold.

Be careful to show any emotions in your letter - keep it short and simple [K-I-S-S]


My big problem is, the company used my papers to gain an edge over the other tender participants and again what if by chance my current employer came across that winning tender and saw my papers indicating that i am also working for the previous company which i declared that I had quit when the current one were hiring me?


Then money is not the issue for you. So, proceed as I have advised...and give a copy of the letter to your current employer.

Here is a sample...

To:
The Institution Limited,
P.O. Box 123456
Nairobi - 00900

Dear Sir;

RE: Tender Number XXX/YYY 123456 of 2013


It has come to my attention that The Company Limited has been awarded this tendered. In its bid, The Company Limited listed me as one of its employees / resource persons for the tender.

I wish to inform you that I ceased to be an employee of The Company Limited with effect from DATE. From that date forward, I do not do any work for the Company Limited nor on its behalf.

Further, note that I have not authorised The Company Limited to use my name in any dealings with anyone.

Yours Faithfully,

segemia

c.c.
1) The Company Limited
2) My Employer Limited
3) PPOA
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digitek1
#28 Posted : Wednesday, May 15, 2013 2:53:34 PM
Rank: Veteran

Joined: 2/3/2010
Posts: 1,797
Location: Kenya
Accept and move on!
wachia karma
I may be wrong..but then I could be right
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madhaquer
#29 Posted : Wednesday, May 15, 2013 3:07:47 PM
Rank: Member

Joined: 11/10/2010
Posts: 281
Location: Nairobi
Imagine you were in a courtroom claiming compensation.

You have to prove they did it intentionally.. that forms the basis of negligence.
you also have to prove that their action caused you some loss/stress/harm/etc...
The most you should expect is an apology anything more will involve you fighting, scratching and spending money possibly ending up worse of and stressed.


That's hard to do.

The business can hire someone with similar papers to yours.
Having you on the tender list does not necessarily mean they won the tender due to a direct input on your part.- Actually if you were involved in tendering or prototype/demo design for that particular job you could claim something. But your name on the staff list can be alluded to error and unless you prove that it was done intentionally,

They could have submitted the tender document before you left. In that case, there is nothing for you there since they intended to have you around.

I think you just inform them discreetly and move on. If they feel they need your good name to advance the business, then there will be room to strike a deal.
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  | | Edit by user: Wednesday, May 15, 2013 3:13 PM | Reason: Not specified
iller
#30 Posted : Wednesday, May 15, 2013 4:28:47 PM
Rank: Member

Joined: 3/25/2013
Posts: 552
Location: Asgard
dunkang wrote:
Just call the firm and inform them that you have noted blah blah blah. Then wait for their response.

Don't go the legal way, this things happen daily in the consultancy world everywhere.

Ditto
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