15 Simple Tips to Write Better Today

(article shared from Bidsketch)

The written word has never been so powerful.

Whether it’s through emails, text messages, business websites, or something else, it frames many key interactions with prospects and customers.

Everyone is a writer these days. Forget the fact you might not be getting paid to do it. Chances are you still write a good deal. If you want to succeed in today’s ultra-competitive environment, it’s imperative you express your message clearly and effectively. You must be understood!

Here’s the good news: even if you dislike writing, there are plenty of practical tips you can learn to create an immediate impact on your prose. With just a little care and attention, you can apply them without too much trouble. No expensive writing courses or seminars needed.

Writing Is More of a Craft Than You Might Think1

Many people see writing as an art. Writing well is for geniuses like Hemingway and Faulkner. It’s viewed as something that can’t be learned – like height or hair color.

But the reality is writing is more of a craft than you might know. You don’t have to put in thousands of hours and become a master. If you can grasp the tools of the trade – tools all types of writers rely on – you can communicate more effectively with your leads and customers.

Here are some of the most important tips you can apply and make an immediate impact:

  1. Active Voice

This is one of the most common writing tips around. Unfortunately, it’s also one where a lot of people screw up!

Sentence structure matters. In English, we prefer active sentences instead of passive ones.

Here’s an example of a passive sentence:

The hurricane is predicted to be the largest in decades by meteorologists.

There’s nothing inherently wrong with passive sentences. They just tend to be wordy and indirect: not a great recipe to get people’s attention. A simpler active construction (which goes subject, verb, then object) is easier to understand.

Here’s the same example reworked to be active:

Meteorologists predict the hurricane will be the largest in decades.

  1. Eliminate Fluff Words1

Many writers make sentences longer than necessary because they pack in words which don’t add any real meaning. And when you factor in readers’ shrinking attention spans, words that don’t add meaning become liabilities.

Here are a few common fluff words and phrases to look out for:

  • Basically
  • Essentially
  • I might add
  • It is interesting to note
  • Just
  • Really
  • The fact that
  • Very

And now, a fluff-filled example in all of its terrible glory:

The fact that Richard, the office manager, just leaves 30 minutes early every day makes me very angry.

Here’s how you might rewrite it:

It makes me furious when Richard, the office manager, leaves 30 minutes early every day.

This variation gets the point across faster than the first. There are fewer words and chances for confusion – exactly what keeps people reading.

  1. Clarity Trumps Cleverness

It’s great for writers to have a large vocabulary as their disposal. Every word is a tool, and it’s always an awesome moment when you pull out the perfect one to convey your message.

But using big words when small words would do slows down the reader. It doesn’t make them view you as smarter; using unnecessary complex words actually makes them see you as small-minded.

If you have to choose between being clear and clever, choose clarity every time.

Here’s a short list of corporate speak words along with simpler options you could use to replace them:

  • Facilitate (help)
  • Enable (allow)
  • Disseminate (pass out)
  • Implement (do)
  • Sufficient (enough)
  • Utilize (use)

You get the idea.

  1. Avoid Weak Adjectives

Vivid descriptions separate content we love from the boring stuff. To create those descriptions, writers need a specific set of tools: adjectives.

We use adjectives all the time. That might explain why so many of them come off as flat and lifeless. How many times have you read a news article featuring a “cold winter” or a “corrupt politician”?

These weak adjectives are used so often you probably skip right over them. They don’t stand out; they’re anything but compelling. Sometimes writers make things even worse by tacking on fluff words, like “very” or “rather.”

Opting for stronger adjectives adds dramatic flair – the kind of flair that makes your content memorable.

Here are some weak adjectives and stronger alternatives:

  • Big (enormous, gigantic)
  • Cold (frigid)
  • Cute (adorable)
  • Gross (repulsive)
  • Hot (stifling)
  • Irritating (obnoxious)
  • Scary (terrifying)
  • Small (minuscule, tiny)
  1. Favor Details over Vague Language

This tip flows nicely from the last. Using specific details doesn’t just make your content more engaging; it’s also another way to avoid weak, boring adjectives.

Writers paint pictures with their words. Details make those pictures vivid in readers’ minds. A few well-chosen details are all it takes to make a reader feel like he or she is really there.

Here’s a general language example:

A long commute was one of the biggest motivators to quit my job and start my own business.

Now, here’s the same idea with specific details:

I dreaded the moment that alarm clock rang. That sound meant I would soon spend 50 minutes trapped in my car, flipping between awful radio morning shows, swerving around potholes and drivers determined to see how little space they could leave behind my bumper. All that – just to get to a job that didn’t inspire me but sapped my energy.

Which version resonates stronger with you?

How can you be more specific next time you write? Can you give any concrete examples? If so, you’ll make more of an impact than sticking to vague language.

  1. Cut Down on “To Be” Verbs

Many writers like to use variations of “to be,” a helping verb (also called an auxiliary verb). This is perfectly fine every one in a while. But if you use them too often, the result is a longer, more complex sentence structure.

Rephrasing “to be” language will help you cut out unnecessary words while still retaining meaning. Here are some examples of sentences using “to be” variations:

  • “John is running across the street.”
  • “I am wondering if the restaurant is still open.”
  • “They are the winners of the award this year.”

Here are those same sentences simplified by stripping out “to be”:

  • “John runs across across the street.”
  • “I wonder if the restaurant is still open.”
  • “They won the award this year.”
  1. Vary Your Sentence Length

Typical business writing advice urges us to always use short sentences. Bloggers are notorious for this. Use a few words. Period. Move on. Make your next point.

Short sentences are powerful. But when you pack too many of them together, the writing gets choppy. It sounds like it’s written by a machine, not a person. Readers’ eyes start to glaze over.

You can keep people interested by varying your sentence length, consciously creating a “rhythm” to your prose. Here’s an awesome example of the concept from author Gary Provost:

This sentence has five words. Here are five more words. Five-word sentences are fine. But several together become monotonous. Listen to what is happening. The writing is getting boring. The sound of it drones. It’s like a stuck record. The ear demands some variety. Now listen. I vary the sentence length, and I create music. Music. The writing sings. It has a pleasant rhythm, a lilt, a harmony. I use short sentences. And I use sentences of medium length. And sometimes when I am certain the reader is rested, I will engage him with a sentence of considerable length, a sentence that burns with energy and builds with all the impetus of a crescendo, the roll of the drums, the crash of the cymbals – sounds that say listen to this, it is important.

  1. Read It Out Loud

Editing is what makes writing truly shine. Too many of us skip one of the most important steps; we don’t read our text out loud.

Often, sentences that look good on paper unravel when you read them. So give this tip a try. Find anything difficult to get through? Places where you stumble?

Those obstacles are the perfect opportunities for revision.

  1. Delete “That”

When editing your writing, you could do far worse than hitting Control-F and scrapping “that” every time it shows up.

This tip isn’t a commandment. In some situations, you need to keep “that” for a sentence to still make sense. But 95 percent of the time it’s just a filler word. Get rid of it, and strengthen your prose.

Here are a few before and after examples:

  • “I forgot that the gym is closed today.”
  • “This is the best book that I have ever read.”
  • “I know that you’re busy.”

Now, with “that” removed:

  • “I forgot the gym is closed today.”
  • “This is the best book I have ever read.”
  • “I know you’re busy.”
  1. Delete “In Order To”

Here’s another filler that muddies up sentences and slows down readers. There’s always an easy way to rewrite it to make the sentence shorter and more powerful.

Here are a few examples:

  • “You have to work hard in order to succeed.”
  • “Get there early in order to find a good seat.”

Here are the revised versions:

  • “You have to work hard to succeed.”
  • “Get there early to find a good seat.”

You cut the unnecessary word without losing the meaning.

  1. Avoid Wishy-Washy Phrases

Some writers pepper in tons of filler phrases without even realizing it. Maybe they’re trying to be polite or not offend any of their readers. But what they’re actually doing is weakening their content.

Here are a few wishy-washy phrases that crop up over and over again:

  • A bit
  • I believe that
  • I feel that
  • I think
  • It’s my opinion
  • Sort of

Most of the time you can delete these without thinking twice.

  • “I feel that this is a great plan” becomes “This is a great plan”
  • “I believe that this sort of needs some improvement” becomes “This needs some improvement”

The result: crisper, more powerful prose.

  1. Trim the Fat (Edit) Ruthlessly

Many of us make great points in our writing, but they’re hard to find. Busy readers can’t get past the filler language, unnecessary repetition, and rambling to dig out the gems.

The more you can edit these out of the end product, the easier it becomes to communicate (and persuade) effectively. It’s time to get ruthless. Trim all the fat; don’t force readers to slog through it.

Here are a few before and after examples:

  • “I really have nothing to say at all today.”
  • “The unsolved mystery is preventing the town from reverting back to normal.”
  • “I was confused by the plot of the movie.”

Now, the fat-free versions!

  • “I have nothing to say today.”
  • “The mystery keeps the town from returning to normal.”
  • “The movie’s plot confused me.”
  1. Don’t Overuse Adverbs

Stephen King says the road to hell is paved with adverbs. These words (which usually end in “-ly”), are used to describe when, where, why, or under what conditions something happens.

Adverbs are fine every once in a while. But overusing them is a symptom of lazy writing. In many cases, writers can eliminate them by choosing more precise language.

Here are a few examples with the adverbs in bold:

  • “The sun set slowly over the horizon.”
  • “He closed the door firmly.”
  • “She walked slowly toward the poorly-maintained house.”

And here they are revised to slash the adverbs:

  • “The sun set over the horizon.” (adding “slowly” doesn’t do anything for the sentence.)
  • “He slammed the door.” (chose a stronger verb)
  • “She trudged toward the dilapidated house.” (chose stronger verb and adjective)

Sometimes you’ll be able to just scrap the adverb without changing the sentence’s meaning. Other times you can avoid them by choosing stronger, more precise language.

  1. Avoid Cliches (Like the Plague!)

Hopefully the irony in that heading made you smile.

Cliches are comfortable – so comfortable that whenever you use them you never have to wonder if you’re being understood. Readers everywhere are familiar with them. But, because they see them everywhere, they gloss right over them.

Have you read something lately with any of these phrases?

  • “By hook or crook”
  • “Calm before the storm”
  • “Content is king”
  • “Head and shoulders above”
  • “Hook, line, and sinker”
  • “In the same boat”
  • “Stick out like a sore thumb”
  • “The money is in the list”
  • “Writing on the wall”

I bet you have! It’s so easy for these to slip into our writing. They’re nice stand-ins for when you can’t think of something more creative to say.

If you make the effort to avoid cliches and come up with your own vivid metaphors, you’ll develop a distinctive voice. Your content becomes more compelling. And you set yourself apart as someone worth paying attention to – someone with original thoughts.

  1. Re-Frame the Negative into The Positive

Affirmative sentences tend to be clearer than negative ones. While the meaning of both versions is the same, you can’t afford to bog down readers with a poor delivery. Things get especially confusing when you use more than one negative in the same sentence.

Here are a few examples to see what I mean by a negative sentence:

  • Don’t keep taking the medicine unless dizziness doesn’t stop within three hours.”
  • Not many people can swim a mile.”
  • “The committee did not consider the facts.”

You can rewrite these sentences in the affirmative to add clarity:

  • “Stop taking the medicine unless dizziness continues for more than three hours.”
  • “Few people can swim a mile.”
  • “The committee ignored the facts.”

There’s no obligation to rewrite every single phrase. Sometimes the meaning is clear enough, and changing it to an affirmative would complicate things. The main thing here is to always be aware how you’re framing your message. In most cases, affirmative statements are a simpler choice.

Over to You

You don’t have to be Maya Angelou to write in a way that engages and persuades. Applying the tips above is straightforward. The impact on your business communications is immediate. Even if you just pick a few of them, you’ll be paying attention to things that many writers overlook. Readers will take notice.

What’s the best writing tip you’ve ever heard? Why? Leave a comment below and let us know!

About Corey Pemberton – Corey Pemberton is a freelance copywriter and blogger who helps small businesses and software startups get more traffic and conversions online. You can find him on his website or follow him on Twitter.

 

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3 Ways to Save Money on Dental Insurance

By Gavin Prout, Special Benefits Insurance Services

This article gives a short cost analysis of the cost of dental insurance for an average family of 4 and then provides information on how to save some money on the cost of dental insurance and what to look for in your own plan.

https://www.sbis.ca/dental-insurance-article-three-ways-to-save-money-on-dental-insurance-coverage.html

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Travel Insurance in times of Global Uncertainty

by Gavin Prout, Special Benefits Insurance Services

This article outlines the importance of researching the areas you or your employees may plan to travel to. Whether it be political unrest or diseases in that area, this article provides statistics of beliefs vs truths and what is affected in your travel insurance policy with these uncertainties.

https://www.sbis.ca/travel-insurance-in-times-of-global-uncertainty.html

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A Quick Tip for Finding Municipal Statistical Data

A Quick Tip for Finding Municipal Statistical Data

As municipal consultants we constantly have the need to research municipal operations and data. But have you ever had difficulty finding it all in one location?

My method of choice to research and collect such information for Ontario municipalities is to use the Ministry of Municipal Affairs Financial Information Return (FIR) site. There is a wealth of information available on this site: https://efis.fma.csc.gov.on.ca/fir/Welcome.htm  

Here is what the site looks like.

Municipalities in Ontario are mandated to report their annual operations to the Ministry of Municipal Affairs by annually submitting a Financial Information Return (FIR).

You can search for information in a variety of ways – By Schedule, by Municipality, Provincial Summaries or Multi-Year Reports. I most frequently search Schedule 40 – Consolidated Statement of Operations – Expenses,  of the municipalities I am needing to compare, because it contains their expenditures which are categorized into the nine (9) main municipal operations.

Others I typically frequently use are – the Municipal Data, Schedule 10 – Revenues, Schedule 20 – Taxation Information and Schedule 80 – Statistical Data, which includes staffing numbers. There are however, a number of other Schedules you can search to find the specific information you may need.

The one caveat I must mention though, is that although municipal operations can be similarly categorized, there is no way to ensure that a municipality is consistently reporting their information in the same category as another municipality. So, if you are comparing municipalities and a number seems too high or too low in comparison, you should always seek clarification from the municipality to be certain you’re comparing apples to apples.

I can only speak to what I’m familiar with here in Ontario, but I suspect a similar reporting requirement exists between all Canadian municipalities and their respective provinces.

If you’re a consultant or other professional in another province, does your province have a similar municipal database?  I would be interested in learning about it so I can share it with our professional members.

Or if you use other methods to find municipal data, I’d love to hear about them too.  We all need data – so why not help each other find it!

Susan Shannon – [email protected] Susan’s experiences as both a municipal Chief Administrative Officer, and now as a consultant, led to the development of muniSERV.ca .  Her experiences have provided her with the insight she needs to help municipalities and professionals connect.

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5 Ways to Avoid a Problem with your Travel Insurance Claims

by Gavin Prout, Special Benefits Insurance Services

This topic is a very popular one based on all the issues people have been having after they claim during travelling. These 5 points will help you or your employees understand what most don’t and the things to do or look for when purchasing a travel insurance plan. Even if you have group benefits with travel insurance it is important to understand the limitations of these plans.

https://www.sbis.ca/5-ways-avoid-problem-travel-insurance-claim.html

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7 Reasons Change and Development Programs Fail

By Jim Clemmer

A long list of studies shows that 50 – 70% of leadership, culture, and organization change and development efforts fail. For example, a Harvard Business Review article by Michael Beer and Nitin Nohria on “Cracking the Code of Change” concludes, “the brutal fact is that about 70% of all change initiatives fail.”

These efforts typically include:

  • Improving internal/external customer service
  • Boosting health and safety
  • Executing organizational changes
  • Enhancing productivity/efficiency
  • Strengthening leadership skills
  • Lifting morale/engagement levels
  • Strengthening teamwork/team building
  • Reducing turnover and absenteeism
  • Increasing quality
  • Implementing Lean/Six Sigma

I have reviewed research and our experiences in helping dozens of organizations with their change initiatives. Success or failure ultimately rests with the organization’s senior leadership team. Here are the common problems that trap many leadership teams and become the root causes of their failed change and development efforts:

  • Speed Traps and Tyranny of the Urgent – flooded by e-mails, endless meetings, and crisis management, many leaders become reactive micromanagers and lose sight of the big picture.
  • Partial and Piecemeal Programs – leadership training, succession planning, customer service, six sigma, safety, talent/performance management, IT systems, and such are disconnected and disjointed.
  • Leadership Lip Service – organizational leaders send contradictory messages about core values or embracing change by their inconsistent actions and behaviors.
  • Not Building Change Capacity – many change and development efforts fail to engage the hearts and heads of key leaders and frontline staff and don’t energize and equip them to make it happen.
  • Teams Not Pulling Together – strong leaders drive change in their “silo” and work at cross-purposes. This undermines both the team and the change/development effort.
  • Communication Breakdowns – leadership teams aren’t united in strategic priorities, key messages, behaviors that model the vision and values, and rigorous implementation planning.
  • Failing to Follow Through – strategies and development plans can quickly lose focus when they don’t have a robust implementation process engaging key teams with a disciplined follow through process.

How many of these traps are snaring your senior leadership team? What are you doing to avoid falling into these sinkholes?

Taking the team offsite for a few days can have a major impact on avoiding these problems. An offsite retreat can also lay the foundation to become one of the 30 – 50% of organizations with a very high and lasting impact from their change and development work.

 

About Jim Clemmer

For over three decades Jim Clemmer’s keynote presentations, workshops, and management team retreats, and seven best-selling books translated into many languages, articles, blog, and newsletters have helped hundreds of thousands of people worldwide. The CLEMMER Group is Zenger Folkman’s Canadian Strategic Partner. Zenger Folkman is an award-winning firm best known for its unique evidence-driven, strengths-based system for developing extraordinary leaders and demonstrating the performance impact they have on organizations.

 

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Municipality Unfair in Sale of Property? You Be The Judge.

Test your understanding of fairness in this recent case from Nova Scotia.

In 2012, the Halifax Regional Municipality (HRM) issued an RFP for the purchase and redevelopment of a surplus elementary school property. Jono Developments Ltd. and several community groups submitted proposals. There is evidence that the HRM closely followed the terms of the evaluation process laid out in the RFP, which allocated 20 percent of the weighting to the financial offer. Following evaluations, the HRM approved sale of the property to Jono.

Around the time the sale to Jono was approved, the community groups discovered that the HRM had passed a “Policy and Procedure for Disposal of Surplus Schools” in 2000. Among other steps, the HRM was required under the policy to first assess and evaluate any proposals from community groups or grant applications and, if none were received or none were supported by the Community Grants and Partnering Program under the HRM, then the HRM was to take steps to seek Council approval to put the property on the market.

Compelling evidence was presented that the HRM had not tested the policy since its inception, and in fact was not aware that it even existed until challenged by the community groups following the approval of the sale to Jono. When the HRM became aware of the policy, which clearly had not been followed in this instance (or in any of the previous disposals of 18 other surplus school properties), the HRM rescinded its decision to sell to Jono, made a motion to rescind the policy and, then, passed a third motion to sell the property to Jono.

The HRM was also enabled under its Municipal Charter to “sell property at market value when the property is no longer required.” The appraised value of the property was listed in the RFP as $4.3 million, based on a valuation report that provided three scenarios:

  • Market value of property as is: $1 million
  • Prospective market value – maintain old school/redevelop remainder: $3 million
  • Prospective market value – demolish all buildings and redevelop: $4.3 million

Jono had submitted an unconditional financial offer of $3 million for the property “as is,” to be increased by increments of $75,000 over the highest bid to a maximum of $4 million. In other words, Jono offered to pay $3 million if there were no competing bids, and up to $4 million if there were. Jono also provided a slightly higher option that was conditional on certain development approvals. 2 Several community groups also submitted proposals, each offering a purchase price of less than $3 million. The HRM approved the $3 million offer from Jono. As shown by the HRM’s evaluation process, Jono had received the highest score in the RFP process, in part because of its financial proposal.  

  • Pursuant to a Judicial Review application by the community groups, in 2012, the N.S. Supreme Court set aside the sale to Jono on the basis that the HRM had breached its duty of fairness to the community groups by not following its own policy, and further, that the HRM’s interpretation of “market value” was unreasonable, so the HRM had breached the Charter by selling the property below market value. The Court also ordered Jono to pay a portion of the costs awarded. Jono appealed the decision, and the matter was heard by the N.S. Court of Appeal in May 2014.
  • In the HRM’s view, “market value” is the price the market will offer, so it therefore believed that it was complying with the Charter. 

What would you decide in this case?

Reprinted from The Legal Edge Issue 112, October – December 2015

Readers are cautioned not to rely upon this article as legal advice nor as an exhaustive discussion of the topic or case. For any particular legal problem, seek advice directly from your lawyer or in-house counsel. All dates, contact information and website addresses were current at the time of original publication.

National Education Consulting Inc.

975 B Alston Street, Victoria, BC V9”A 3S5

Phone: (250) 370-0041   Toll Free: (888) 990-7267

www.neci-legaledge.com       [email protected]

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The Extraordinary Coach Workshop – The Clemmer Group

Effective leaders have the potential to significantly in- crease their personal leadership impact by utilizing coaching skills to raise the productivity and effectiveness of those they work with. Whether you want to increase employee engagement or boost profitability, great leadership in an organization matters.

Ensure that your leaders are extraordinary — and drive extraordinary results. Register to attend one or more of these powerful coaching and leadership development workshops today!

Toronto – June 2

SPECIAL DISCOUNT for muniSERV Members

SAVE: $150 (1 DAY) OR $250 (2 DAY)

The Extraordinary Coach Workshop is a is a one-day interactive, skills-building experience, led by Jim Clemmer.  Leaders who coach and develop others have a huge impact on bottom-line results. In The Extraordinary Coach Workshop, you will develop the essential coaching skills that are required to be a great leader. In addition, you will learn what extraordinary coaches do well and how you can maximize your leadership impact and inspire others to perform at their peak.

Key Learnings

  • Boost on-the-job coaching skills for maximum impact on employee attraction/retention, engagement/commitment, productivity, and customer service.
  • Learn the key attributes of great coaches, what they do that makes them so effective, and how they do it.
  • Learn the key coaching skills that expand awareness, discover superior solutions, and make and implement better decisions.
  • And more ….

Workshop Audience

The Extraordinary Coach is designed for anyone who seeks increased employee engagement, improved productivity, and the insightful application of a best- in-class    coaching framework. The Extraordinary Coach is being used extensively for individual leaders at all levels of an organization from senior executives to first-line supervisors, who coach others as part of their job responsibilities.

To Learn More & Register – Extraordinary Coach Workshop– Please note Registration closes May 23, 2017

See muniSERV Events for more information on Day 2 of this Leadership Development & Coaching Skills series –  Extraordinary Leader Workshop

Here’s a free whitepaper related to this workshop for you too:  FUEL Framework: What Makes The Extraordinary Coach Unique

For over three decades, Jim Clemmer’s keynote presentations, workshops, management team retreats, seven bestselling books, articles, and blog have helped hundreds of thousands of people worldwide. The Clemmer Group is the Canadian strategic partner of Zenger Folkman, an award-winning firm best known for its unique evidence-driven, strengths-based system for developing extraordinary leaders and demonstrating the performance impact they have on organizations

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The Extraordinary Leader Workshop – The Clemmer Group

In today’s rapidly changing, highly competitive environment, the organizations that excel in their respective markets will be those whose people are most competent, passionate, and focused on delivering results.

Toronto — June 1

SPECIAL DISCOUNT for muniSERV Members

SAVE: $150 (1 DAY) OR $250 (2 DAY)

Extraordinary Leader Workshop is a one-day interactive, skills-building experience, led by Jim Clemmer. It utilizes behavior modeling with interactive videos and real-time demonstrations.  This workshop presents a proven framework for helping individuals make a profound difference in their organization’s results, and in their own performance and development.

The Extraordinary Leader Process and Participant Outcomes

This is a uniquely powerful leadership development system using strengths-based leadership development, on a foundation of evidence-based approaches, producing a highly personalized development plan, that’s built around a best of class 360 multi-rater tool.

Workshop Audience

The Extraordinary Leader process is being used extensively for individual leaders at all levels of an organization from senior executives to first-line supervisors. Customized in-house sessions are delivered to executive or management teams, other intact or cross-functional work teams, or to individuals gathered from different parts of an organization.

To Learn More & Register – Extraordinary Leader Workshop – Please note Registration closes May 18, 2017

Here too is a free whitepaper related to this workshop you might find interesting:  11 Components of a Best in Class 360 Assessment

See muniSERV Events for more information on Day 2 of this Leadership Development & Coaching Skills series –  Extraordinary Coach Workshop 

For over three decades, Jim Clemmer’s keynote presentations, workshops, management team retreats, seven bestselling books, articles, and blog have helped hundreds of thousands of people worldwide. The Clemmer Group is the Canadian strategic partner of Zenger Folkman, an award-winning firm best known for its unique evidence-driven, strengths-based system for developing extraordinary leaders and demonstrating the performance impact they have on organizations.

 

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Public-Sector Entities Sharing Bid Information, and When Does Contract A End? NECI

FREQUENTLY ASKED QUESTIONS

Public-Sector Entities Sharing Bid Information, and When Does Contract A End?

Through our Signature Seminars, eSeminars, Public Sector Procurement Program (PSPP) and other courses, our NECI instructors regularly answer questions about procurement-related issues. Here are two recent questions.

What is the current thinking about public-sector entities sharing bid information? We are in the MASH sector (municipalities, academic institutions, school boards, and health and social service providers) and taking advantage of more and more provincial government tender contracts that are now available to us. We are conscious about bid-shopping, and always advise our users that once we go to RFx, we can’t go back to the government agreements. As the MASH and government collaborations increase, and we handle our own RFx’s, some government parties are curious about our experience in going to market, for when they go back out. We are cautious about the free flow of information, particularly from MASH to government, given that the current direction is the other way around. RFx strategies and the like don’t raise much concern, but sharing results makes us hesitate.

Generally speaking, bid-shopping has to do with using already submitted bid pricing as a negotiating tool with other suppliers. Typically, this relates to cancelling a tender process after closing, and then either going back out to market with the same scope, or using the pricing submitted in negotiations for a direct award of the work. Having said that, we know that the public sector is a lightning rod for challenges, and that the legal definitions of such terms are shaped, over time, by the various allegations that come before the courts.

Obtaining information on the lump-sum price of similar contracts with other public organizations is common practice, and indeed, it is public record, so probably couldn’t be considered improper. Going beyond that, however, and obtaining other pricing that perhaps did not result in an award, might be riskier territory. Using the lump-sum award pricing when shaping internal budgets is common, but if, for example, you were to use that information as justification for cancelling a tender process already underway, we could see some potential issues.

It would be prudent for you to raise this issue and get some legal advice on the implications. As always, this is not legal advice, just our take on the question, as educators. We have not heard this issue from any other organization, but as you say, the practice of sharing information among public-sector entities is becoming more common. While that is a good thing, you are entirely correct to be a little uncomfortable with the practice until you receive a legal opinion on how far you should go. The last thing you want, of course, is for the courts to make that determination for you.

At what point in the competitive bidding process does Contract A end? 

Great question! From a legal perspective, Contract A expires when Contract B (the Performance Contract) is signed with the successful respondent. If there is unfairness, of course there can be a challenge after Contract B is signed, but the alleged unfairness must have taken place during the competition before Contract B was signed.

Do you have procurement-related questions that might be of broad interest (or additions to/rebuttals of our answers)? We invite you to send them to our Legal Editor and Publisher, Maureen Sullivan ([email protected]). We will publish questions of a general nature that we think are relevant and timely. We cannot address specific legal questions, provide legal advice, or guarantee that your question will be published.

Reprinted from The Legal Edge Issue 111, July – September 2015

 

 

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