Is this spec work?

There is a fuzzy line between doing spec work (work on speculation without being paid) and sharing your ideas, especially in the design industry.

In a recent Sound Advice (my free weekly audio clip), I told a story about how Jonathan Cleveland of Cleveland Design was awarded a project (over 15 other firms) in an industry in which he had no experience (and they all did) by submitting a few "comps" or design ideas along with his RFP (proposal).

Several listeners questioned his strategy, calling it "spec work" which is a big no-no. So I went back to Jonathan for clarification of the difference between doing spec work and sharing his ideas as a way to get the job, in a difficult economy, no less.

In essence, he said the difference was 1) it was not expected or required to submit design ideas (it was up to him to offer it as a bonus) PLUS 2) he called them first to find out what they were looking for, so he had more knowledge about the client's needs than the others who simply hadn't asked for that info and could therefore submit ideas that were relevant to their needs.

You can listen to him explain that distinction in detail....and please post your comments and tell us what you think of that fuzzy line we're drawing in the sand.

P.S. If you're wondering whether the client used the initial design, Jonathan says, "Yes, they can’t wait to use this design! We are starting all the projects now. So not only did it get us the account, but we are still getting paid for the “Design” fee portion of our Proposal. So in essence, it paid for itself."

Comments

[TurtleBlueBird]

Seemed to me from listening to the audio that Jonathan was on the very right side of that fuzzy line. The client didn't ask for concepts and certainly didn't require the. Jonathan chose to show some ideas to buttress against the fact that he had no hospitality experience.

How fascinating, by the way, that the client was extra delighted that he was showing ideas and thinking in ways that their other agencies - all hospitality veterans - wouldn't even consider.

Seems to me that the only gripers on this one would be the folks who lost out to Jonathan. He chose to go (reasonably) above and beyond - how excellent that he was actually directlty rewarded for this efforts.

(P.S. Especially since he makes it clear that he totally skeeves the ones he can tell are only looking for "free ideas.")

[Jennifer Neal]

As I read this my blood is boiling, this is spec work and it makes us all look bad! You all know why but check these out if you need a refresher course

http://www.no-spec.com/
http://www.rgdontario.com/bestPractices/specWork/default.asp

Just because a call was made and a few questions were asked doesn't make it look any prettier or bring any justice to it. In this case Cleveland won, they liked the ideas and they liked the price but if they had not there are many risks the biggest of course is the chance of them taking the ideas and paying someone else to execute them.

The www.rgdontario.com did a thorough investigation into the point at which concept work begins. It is approximately 35-50% of the way through the entire design process in order to achieve the desired result.

Can't we earn business based on past work and reputation or is the fruit just too tempting...

In the last year my firm K9desigco.com lost a huge piece of business because we did not have in our portfolio the exact idea they wanted to see, they asked us to put pencil to notebook so that they felt reassured about their decision. We, after many an attempt at trying to persuade them to change their mind, pulled out of the RFP process.

Back to today, if there was indeed an RFP , this was not part of it. I feel so sorry for the other teams, this was not a fair playing field and now this client will expect this kind of behaviour in the future and they will tell their friends and so on and so on. We must stop allowing clients to believe this is standard practice.

I know Ilise says we are all on a mission to get business but this is just not cool.

Say no to spec work - tough economy or not.

[Jennifer Neal]

...sorry one more point, As designers, we are so trained to follow RFPs word for word, knowing they can be tossed out for not following them exactly. This was not part of the RFP and if it had been the client would have had a lot of very angry designers on their hands.

For the client.....Had they known the ethical mind field they were going into do you think they would have accepted the ideas? I'm shocked they gave adddional info to allow the ideas in the first place that the others (14 other bidders) were not privy too, the whole thing stinks!

By the way - we did not bid on this.

[TurtleBlueBird]

... but ... Jonathan had no "past work and reputation."

So, his only choice otherwise would have been to walk away.

Instead, he made up for that lack, took a chance he chose to take and won the business.

P.S. A good discussion could certainly be had around the idea of 14 firms being willing to respond to an RFP with that many contenders. I turned one down, sent the potential client a note saying "No, thanks" and she actually called me, saying I was the only one she had even heard from! The whole RFP thing is messed up to begin with, IMHO.

[Liz Rose]

I agree that the whole RFP process is messed up! I have worked with agencies that refused to participate in any RFP for exactly that reason - especially since what the client wants in the RFP often isn't what they really need, once you dive down into the project.

While I can see the benefit of what Jonathan and Cleveland design did, (and nice for them that it worked!) I wonder if the client is being well served with their "final" design? If they provided some concepts with the RFP, based on a few minutes of conversation and the client picked that as their direction, what is the client missing out on? Clearly, Cleveland is a talented group - seems to me that the client is loosing out on what they actually HIRED Cleveland for if they didn't go through the whole design process. From this vantage at least, it seems like having the client pick the initial concept skips over all the normal steps of researching, concepting, etc. Wouldn't the client have been better served to go through all that, so that the design they get at the end is the best solution to their need?

While I can see Ilise and Jonathan's point that this isn't technically spec work, and did get the desired result, I can't help feeling that it a) doesn't serve the client that well; and b) hurts the design community as a whole by encouraging clients to expect this sort of treatment as a norm, rather than a one-time bonus

[Tim]

All very good points by everyone. I'm really not sure what side of the fence I'm on here. I guess I would lean more toward saying that this is not spec work, though I do see how it could hurt the entire design community by making clients come to expect this sort of thing.

[Jonathan Cleveland]

I think it's time for me to weigh in. I think there seems to be a thought that we, or some of us, do this all the time. We never do spec work for all the reasons listed above. My clarification, or opinion, on spec work is when you get an RFP that flat out asks for designs to be sent in with it. This RFP was sent to us and we originally were like "huh?" obviously we don't have any hospitality experience, why are they interested in us? But aren't we all sick of being locked out of jobs or RFPs because the client thinks they need a team with only experience in that field? How many times have we been told, "You're work is really great, but we went with a team that has tons of experience in our field." We reviewed the RFP and decided it would be an interesting and fulfilling account to work on, so we went for it. But knowing full well that we would hear the above if we didn't immediately say.. "NO, we don't have any travel experience! But look what we can do for you!" It immediately took us out of the pool of other firms. Is it fair? Of course, I went the extra mile... sour grapes to those who didn't. Marketing and getting new business is all about going the extra mile and making your talents come to the top of the pile. Was it unfair or unethical that I had a few minutes to talk to the potential client? Of course not, the other agencies could have too but again didn't choose to investigate and make the extra effort. Anyone who thinks there are rules around an RFP is missing the boat. RFPs usually are a disaster, that's why we need to take them into our own hands and get all the information we can to see if this is a good match for us. In fact, after we got the job the client told me I was the only one that reached out for more information and sounded truly interested. As a side note, I ALWAYS do this when sent an RFP (contact the client to talk about the projects and company, this is actually the first time I have ever sent a design). If other firms don't, then they must be sitting around blindly filling out an RFP and don't even know what they are getting into. As far as the comments that we are we are not going through the whole design process, and setting up clients to expect this sort of workflow...They loved the design we sent (one spread) and want to use it in concept, but that is just the initial core of the entire design process. So this was to show them what we can do for them, and certainly doesn't replace the design process at all. They are smarter than that, and so are we. I should note that as part of this, we did research all of their previous marketing materials and also many of their competitors. Also, after being awarded the job the President of the company said "this is the exact look we have been looking for. And we just couldn't seem to get it from our previous design firms."

So I guess I have to really disagree and say that this did indeed serve the client very well. And I hardly think the Design community is being hurt by clients coming to expect this. Whether you present a design to promote your thoughts, or not, I think a good Client should expect this - A design firm seriously interested in their product and and seriously interested in forming a creative,educational, and trusting relationship. This is more about going the extra mile and being serious about it then it is about spec or not spec.

We are designers after all. We should have the option and exercise our talents to communicate our mindset and interest to a potential client through the very medium they want to hire us for.

[Stephanie Todd]

Being a fairly young firm ourselves, we too have presented concepts as a part of the proposal process. We are working hard to expand our client base into new industries and must demonstrate our capabilities and understanding of industries we have no prior experience in.

I am not sure how this differs from student or recent grads creating mock work to add to their portfolio for employers to review. Adding on to that, there have been times when our comps have not been good enough alone to secure a new client. We don't just throw them away... we use them to get business from competitors that the original pitch was created for.

When I first founded the agency I read a very well known book on going into business for graphic designers, it specifically stated that pitches, both paid and unpaid are a vital piece of growing your client base.

Now, I certainly reserve unpaid pitches for accounts we really, really HAVE TO HAVE and have no other way to present a convincing argument for why we are the best choice. I would never allow us to compete in any of those- everyone submit your designs and we'll pick the best one type of deals. But at this phase of our business growth, both paid and unpaid pitches have garnered us much new business and have also helped us build our portfolio so we can better demonstrate our capabilities and win new clients with the work already in our portfolio.

As for it not being a fair process. I don't understand that logic at all. Is it unfair to lose a client because the new boss wants to use his college friend? Or, unfair that a company received 10 responses to an RFP then decided to go with an agency whose principal they met the day after deadline at a networking event instead of considering any of the submitted proposals? No. It's business. No one has any obligation, moral or otherwise to have your agency's best interest in mind during their business development process. Since when is it immoral to try to establish a competitive edge against your competition? After all, depending on the prospects process, deviating from the RFP in any form may actually land the entire proposal in the wastebasket without any consideration at all.

Jonathan, congratulations on the new client!

[Jennifer Neal]

So, let me see if I get this straight.... we have seasoned Vetrans that are saying "We never do spec work for all the reasons listed above." But they've decided to rationalize why they should do it for this particular RFP.

Now, we have new agencies founding their business on spec work and I quote, "Being a fairly young firm ourselves, we too have presented concepts as a part of the proposal process. We are working hard to expand our client base into new industries and must demonstrate our capabilities and understanding of industries we have no prior experience in."

I give up!

Spec work = work you are speculating will get you the job without being paid for it.

Whether you are asked for it or choose to offer it up freely, it is spec work. At what point do we stop? At what point do you decide ....oh ya......can't do that Mr. Client because I just did the other spec work to get in the door. What is the definition of "good" spec work vs. "bad" spec work.

Silly me, I thought they were all the same.

[TurtleBlueBird]

"Silly me, I thought they were all the same."

Sounds like there IS a clear line - when the client demands spec work, most creatives who have been around the block a time or two, they walk away.

Sometimes creatives choose to show a client how they might help. Their free choice, as Jonathan makes clear. This happens even outside of RFPs, BTW.

A few questions -- How would Jonathan - or the client? - have been better off if he had just walked away because he didn't have anything relevant to show?

Why is it so very wrong for creatives to choose to give a "free sample"?

And what's the realistic real-time alternative? (Chances are that, with this client's work to show similar others, that Jonathan might not go that way again. But he's running a business using his best judgment. Why must he uphold a standard - no free choice - that limits h-i-s options?)

[Jennifer Neal]

We disagree which is fine....

I will end with this.

NO!SPEC’s Quote of the Century…
June 22, 2009 at 10:50 am · Filed under Spec Conversation

Paul Rand paraphrased by Steve Jobs

I will solve your problem for you. And you will pay me. And you don’t have to use the solution. If you want options, go talk to other people. But I’ll solve the problem for you the best way I know how. And you can use it or not – that’s up to you. You are the client. But you pay me.

nospec.com

[Laura]

It is simple: IT WAS SPEC WORK and unfortunately it will continue because many designers will do it. It is unfair. As a client, would you ask your stylist to make your highlights just as a test? to see if your husband likes it? There is a video somewhere that shows this in a comic way, but it is NOT comic.

[TurtleBlueBird]

A late-breaking example of true "spec" creative from Jonathan Salem Baskin -- something I think we can ALL agree is gross, non-professional and harmful to the whole profession.

Baskin's entire blog post can be found at dimbulb.typepad.com. Here is a taste -

"Zappos floated an RFP to a starving and frightened agency community, asking for ideas about getting brand awareness for Zappos "...as more than a shoe retailer..." (and generating campaigns to drive sales and acquire customers). 104 agencies responded with spec creative, gifts, pizzas, and other sundry gestures of self-immolation. Little more than 1/5 of them were chosen to fly to Vegas for the honor of begging on both knees. At least one of the agencies that wasn't selected claimed that its RFP response got all of a minutes' worth of review."

[Sharon B.]

I have to agree with Jennifer on this one. It is spec work.

[TurtleBlueBird]

SUPER-LATE BREAKING UPDATE ON ZAPPOS -

After putting hundreds of agencies through their paces (including requested spec creative), Zappos was acquired by Amazon last week.

So probably not even the cattle-call "winner" will ever make a dime from Zappos.

We can debate about spec/non-spec forever, and probably in the end have to agree to disagree. Man, tho', how do we band together to refuse to deal with RFPs?!