Draft for Tamir's review. Not published.
What decides a technical dispute
Many technical disputes in tenders turn on what a requirement meant and whether a bid met it. Read the requirement as written, then check the bid and the evidence against it.
Standards are a common source of argument. For example, OCPP for charger communication has three versions in use: 1.6, 2.0.1 and 2.1 (source: Open Charge Alliance). A requirement that names no version can be read more than one way.
An opinion your lawyers can use
It states the question, the documents reviewed, the findings and the reasoning, in plain language a committee or a judge can follow. It keeps what the documents show apart from my judgment.
I write it independently. I don't sell implementation, and I'm paid for my work only. If your position is weak on a point, the opinion says so, early enough for you to decide what to do.
Before the legal strategy is fixed
Get the technical view early. A weak point found before filing is a choice you can still make. Found later, it is the other side's argument.
Asking me is free. You get my initial view and the question I think matters most. A full review runs under a short agreement, and the first one includes a no-value, no-fee clause.
What to check before you decide
- Quote each disputed requirement word for word, and note where it can be read more than one way.
- Check whether the tender names exact standard versions, such as the OCPP version, or leaves them open.
- Collect the evidence for each claim: bid text, test results, demonstrations and committee minutes.
- Ask whether the other side's technical claims can be tested, and how.
- Get the technical opinion before the legal strategy is fixed, so weak points come out early.