Cyber Infrastructure Programming, Bait & Switch, Development, DNN, Design, Mis-Quoted Milpitas CA

On 22 August, 2014, a request for quote with attached Scope of Work was sent to a representative of CISIN for modification to an existing Web application.

The eMail that was sent to them was as follows:

Good Morning:

Attached, please find a Scope of Work and Needs Request for DNN module enhancements.

A response to the quote request as well as estimated timeline and if a fast-tracked/crashed timeline is available (with costs) would be appreciated promptly.

The assessment functionality exists and is working, but needs the enhancements as outlined in the document.

Documentation is currently in late draft format, additional minor changes may be listed in the full SoW.

Based on the eMail message, it was quite obvious that a quote was being requested for the modifications and design outlined in the scope of work document.

A few days later, a quote was received that was priced reasonable. The quote had multiple addressable points, so rightful assumption was that it was to address the scope of work. A downpayment of 50% of project costs was required and provided.

The quote provided a timeline of roughly 30 days. It is now nearing 5 months from the project inception, and CISIN is stating that they never quoted on the scope of work, just parts of it. They are demaning more money to address the scope of work that was originally asked to be quoted on.

Take into consideration that multiple times through this project the developers and development project manager were told to refer to the scope of work document when sections were not completed as instructed, and nothing was said about this.

Based on my position as the consumer, and following the good faith principle, if I asked for a quote to specifications then the burden of expectation is that the quote provided would address those specific requirements. If I were to go to a restaurant and order a pizza, render payment, and 15 minutes later I was brought out a plate of lasagna, is it my fault that the restaurant got the order wrong? The same applies here.

Essentially, what has happened at this point is that CISIN has accepted payment for a service, then refused to perform the service without a higher price being paid. This falls completely under bait and switch.

I have attempted to remedy this issue amicably, but the representatives at CISIN are refusing to perform the work as stated in the scope of work document without additional payment, and are additionally demanding the other 50% of the project fees for something that is useless.

I have provided the option of a refund, or completion of the scope of work document, both of which were refused.