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Same test translation from different agencies
Thread poster: Erik Freitag
Erik Freitag
Erik Freitag  Identity Verified
Germany
Local time: 18:11
Member (2006)
Dutch to German
+ ...
Apr 24, 2017

Dear colleagues,

Suppose you are asked by different regular clients (agencies) to do a test translation for a prospective client of theirs. Both send you the same text to translate. The test translation is paid. You have already accepted the job from one of those agencies. Can you accept the job from the other agency as well (and obviously deliver the same translation)? Anything else that needs to be considered? What would you do in such a situation?

Many thanks for you
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Dear colleagues,

Suppose you are asked by different regular clients (agencies) to do a test translation for a prospective client of theirs. Both send you the same text to translate. The test translation is paid. You have already accepted the job from one of those agencies. Can you accept the job from the other agency as well (and obviously deliver the same translation)? Anything else that needs to be considered? What would you do in such a situation?

Many thanks for your thoughts on this!

Kind regards,
Erik



[Edited at 2017-04-24 09:20 GMT]
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Lingua 5B
Lingua 5B  Identity Verified
Bosnia and Herzegovina
Local time: 18:11
Member (2009)
English to Croatian
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Hum, not sure. Apr 24, 2017

If one agency gave you the job, I guess they are the ones who had won the contract? Direct clients usually don't have multiple agencies for their project, but rather just one contractor. Which tells me the other agency may serve as a back-up or just filling out their database (good for you it's paid though).

If you have doubts, tell them honestly what happened and how to go about it.


 
Erik Freitag
Erik Freitag  Identity Verified
Germany
Local time: 18:11
Member (2006)
Dutch to German
+ ...
TOPIC STARTER
Clarification Apr 24, 2017

Thanks for your quick reply.

I think I need to clarify, the situation is a bit different: Actually, the end client is having different agencies do a test translation in order to decide whom to award the contract. For me, it's just a regular job (as it is paid) rather than a test translation.



[Edited at 2017-04-24 09:37 GMT]


 
Jennifer Forbes
Jennifer Forbes  Identity Verified
Local time: 17:11
French to English
+ ...
In memoriam
Honesty is the best policy Apr 24, 2017

I agree with Lingua 5B.
I think it's best to be truthful. You have accepted the test from Agency A which will be paying you for it. Then Agency B offered you the same test, also agreeing to pay you for it. Tell Agency B that you have already accepted the test for another agency (which you need not name). Agency B will probably appreciate your honesty and may even ask you to do the test anyway.


 
Erik Freitag
Erik Freitag  Identity Verified
Germany
Local time: 18:11
Member (2006)
Dutch to German
+ ...
TOPIC STARTER
Thanks, but... Apr 24, 2017

Thanks Jenny, that's what I'll do anyway, but: Would Agency A have any grounds to stop me from accepting the job from Agency B?

 
Maria Teresa Borges de Almeida
Maria Teresa Borges de Almeida  Identity Verified
Portugal
Local time: 17:11
Member (2007)
English to Portuguese
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@Erik Apr 24, 2017

I had a very similar situation some years ago with two paid tests from agencies that were submitting bids to the same call for tenders (EU). I made two slightly different tests. One of them was selected and I’m still working with both agencies…

[Edited at 2017-04-24 10:16 GMT]


 
Christopher Schröder
Christopher Schröder
United Kingdom
Member (2011)
Swedish to English
+ ...
Take both Apr 24, 2017

I'd accept both, send the same file and enjoy the free money.

This also enables the end-client to select an agency legitimately on the only criterion they really care about: price.


 
Thomas T. Frost
Thomas T. Frost  Identity Verified
Portugal
Local time: 17:11
Danish to English
+ ...
It could be a breach of an NDA to disclose that you had already received the test Apr 24, 2017

This is not a question of “honesty”, as there would be nothing dishonest in accepting both paid tests without saying anything, as long as you are not breaching any agreements with these outsourcers. There is nothing unethical about reusing a translation when it fits, just as there is nothing unethical about using translation memories and term bases.

However, if you disclose that you have received the same test from another outsourcer, you may breach an NDA, as this could provide
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This is not a question of “honesty”, as there would be nothing dishonest in accepting both paid tests without saying anything, as long as you are not breaching any agreements with these outsourcers. There is nothing unethical about reusing a translation when it fits, just as there is nothing unethical about using translation memories and term bases.

However, if you disclose that you have received the same test from another outsourcer, you may breach an NDA, as this could provide the second outsourcer with knowledge they shouldn’t have and distort competition between the outsourcers.

We should not disclose anything about our clients unless there is a duty to do so.

[Edited at 2017-04-24 14:49 GMT]
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Mirko Mainardi
Mirko Mainardi  Identity Verified
Italy
Local time: 18:11
Member
English to Italian
Interesting Apr 24, 2017

Erik Freitag wrote:

I think I need to clarify, the situation is a bit different: Actually, the end client is having different agencies do a test translation in order to decide whom to award the contract. For me, it's just a regular job (as it is paid) rather than a test translation.


That's what I had thought by reading your first post. Actually, since you know it's a test translation, you can't really say "it's just a regular job". Besides, if it was, this probably wouldn't have happened in the first place Plus, if it DID happen with a "regular job", IMO that would have raised different issues (like IP, ethics, etc.)

That said, IMO you wouldn't do anything wrong by doing the test for both agencies (also taking into consideration what Teresa wrote). You're doing exactly what you've been asked to do and actually, you're raising your chances of getting the job

In fact, by refusing to do the test translation for agency B, you're not only losing that specific job, but, what's worse, giving up chances of working on the broader project. That would be unfair.


 
Evija Rimšāne
Evija Rimšāne  Identity Verified
Latvia
Local time: 19:11
English to Latvian
What if... Apr 24, 2017

... you lose the job/client to someone else because you refuse taking the test for the Agency B and the end client selects the Agency B, not Agency A you took the test for? The Agency B will eventually find someone else, but your honesty would leave you in the worst situation.

Don't get me wrong, I'm not saying you should be dishonest - on the contrary, do tell them you already did the test for the Agency A (without disclosing any further details, of course), but that you are more t
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... you lose the job/client to someone else because you refuse taking the test for the Agency B and the end client selects the Agency B, not Agency A you took the test for? The Agency B will eventually find someone else, but your honesty would leave you in the worst situation.

Don't get me wrong, I'm not saying you should be dishonest - on the contrary, do tell them you already did the test for the Agency A (without disclosing any further details, of course), but that you are more than happy to participate in their pitch, too. I don't see any harm in this because, after all, you would be selling your product to them, whether it's already done or not (except you could offer them a 50% discount, for example).

Eventually, the end client probably will choose the agency based on price, like Chris said, especially, when they discover there are identical pieces of test translation from both of them. And honestly, it's none of your business the two competitors have chosen the same translator - if the end client knows anything about the translation business, they should know that working with different agencies doesn't necessarily mean working with different translators.

Go for it!

[Edited at 2017-04-24 12:22 GMT]
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Lianne van de Ven
Lianne van de Ven  Identity Verified
United States
Local time: 13:11
Member (2008)
English to Dutch
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100% with Teresa Apr 24, 2017

I am 100% with Teresa on this. Whether paid or not, it's still a test. This is your opportunity to create two slightly different versions of your test and see if one of them does better than the other.

 
Sheila Wilson
Sheila Wilson  Identity Verified
Spain
Local time: 17:11
Member (2007)
English
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Interesting discussion Apr 24, 2017

I've personally had two changes of mind caused by reading the various answers. So I have only one possible answer left to the question originally posted: "I honestly don't know".

Sorry; I know that doesn't help .

Edited to add that I think I'd probably post a question here !

[Edited at 2017-04-24 12:49 GMT]


 
Christine Andersen
Christine Andersen  Identity Verified
Denmark
Local time: 18:11
Member (2003)
Danish to English
+ ...
Go with the agency you like best! Apr 24, 2017

I would probably end up sending more or less the same text to both agencies, but send the better version to the agency you like best.

Cross your fingers and hope that the prices are so close that the end client is forced to look at other factors. If the cheapest agency leaves them doing most of the DTP and editing themselves, the other agency may be value for money. Or if the client has masses of DTP capacity in hous
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I would probably end up sending more or less the same text to both agencies, but send the better version to the agency you like best.

Cross your fingers and hope that the prices are so close that the end client is forced to look at other factors. If the cheapest agency leaves them doing most of the DTP and editing themselves, the other agency may be value for money. Or if the client has masses of DTP capacity in house, then of course the choice might go the other way. It's hard to tell.

I have seen that clients move away from the cheapest agencies... they may discover that extra service is worth the extra money.
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jyuan_us
jyuan_us  Identity Verified
United States
Local time: 13:11
Member (2005)
English to Chinese
+ ...
This was exactly what I did Apr 24, 2017

Jenny Forbes wrote:

I agree with Lingua 5B.
I think it's best to be truthful. You have accepted the test from Agency A which will be paying you for it. Then Agency B offered you the same test, also agreeing to pay you for it. Tell Agency B that you have already accepted the test for another agency (which you need not name). Agency B will probably appreciate your honesty and may even ask you to do the test anyway.


I told Agency B that I had already submitted the test for another agency (whose name I didn't mention) but Agency B did ask me to do the test anyway.

I'm still wondering why Agency B made such a decision.

[Edited at 2017-04-24 16:38 GMT]


 
Marcus König
Marcus König  Identity Verified
Germany
Local time: 18:11
Portuguese to German
+ ...
Be fair and consistent Apr 24, 2017

I think it’s common the same subcontractor gets approached by competing contractors for the same contract. I would expect that specialised translators experience this situation more often.

To answer your first question, Eric: yes co can. Why should it be a forbidden or unethical business practice to provide the same prequalification documents? You do not even need to disclose Contractor B you already have been approached by Contractor A. Focus on providing each customer with a sol
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I think it’s common the same subcontractor gets approached by competing contractors for the same contract. I would expect that specialised translators experience this situation more often.

To answer your first question, Eric: yes co can. Why should it be a forbidden or unethical business practice to provide the same prequalification documents? You do not even need to disclose Contractor B you already have been approached by Contractor A. Focus on providing each customer with a solution according to their individual requirements. If some of the requirements are the same, make sure you deliver consistent solutions. If the test is the same, submit the same translation (obviously, there would be only one version, corresponding to the best of your abilities). Charge the same rate. Be fair and consistent.

There are no ethical objections against your participating in the same tender as a subcontractor for one, two or more contractors, but you shouldn't try to be an influencing factor on the selection among these contractors.

Lianne van de Ven wrote:

I am 100% with Teresa on this. Whether paid or not, it's still a test. This is your opportunity to create two slightly different versions of your test and see if one of them does better than the other.


I personally don’t think this is an appropriate or ethical strategy for the same reasons pointed out by Thomas and Chris. "Diversifying" your performance in the way you and some other colleagues have proposed effectively means an unfair distortion of the competition among the agencies. While you can represent a valuable resource for each of these contractor’s proposals, your input for this process must be consistent and neutral and should have no impact on the selection among them.

Please don’t forget sometimes the contractors (agencies) are required to disclose their subcontractor’s profiles and names in front of the customer. Another good reason to be consistent and fair.
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