Poll: Should this bill pass into law?
As many are of the opinion, Aye (23)
58.97%
Of the contrary, No (7)
17.95%
Abstain (9)
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Faland
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V696 - Tender Investigators Bill 2014, TSR Government


Tender Investigators Act

An Act to ensure that private firms bidding on public contracts are not allowed to promise big, bid cheap, fail and make a profit.

Preamble
Currenty, private companies are entitled to bid on contracts for services. Theoretically this encourages competition, thus improving quality and reducing costs. However, particularly in areas involving vital services, companies are able to bid cheaply on contracts, fail and still be paid. This is commonly seen in the health service, during the Olympics and even as recently as during the Sheffield marathon

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

(1.) Definition

"Undercutting" refers to the practice of estimating the cost of a service, yet deliberately charging less with the full knowledge that you will not be able to fulfill your obligation.

"Vital Service" refers to any service that should the private contractor fail, a public sector equivalent will be necessary to bail it out.

(2.) Applicable Contracts

To qualify you must match the following criteria;
  • Be a private firm, thus excluding charities, not for profit organisations and public sector.
  • To have bid on a contract and the targets promised by said company which won the contract have not been reached.

Or if the targets were reached;
  • Evidence was found to indicate the bidding process had been compromised.


[**]For the purposes of a trial period, this bill will only apply to what the tender investigators deem a "vital service."

(3.)Tender Investigators

This bill calls for the creation of a new body called the "Tender Investigations Body." This body's job will be to investigate incidents which have been referred from (2.)

If the "Tender Investigations Body" finds evidence that the contract was not fulfilled, they have the authority to fine the company for all it's money to be refunded.

Any individuals found guilty of interfering with the bidding process to allocate the contract can be jailed for upwards of 5 years.

(4.)Independent Body
The body must receive information in relation to each report from at least;
• One member from the the relevant authority who ordered the contract
• One member from the selection process
• One member from an unsuccessful bidder
• One member from the winning bidder

The body will work in conjunction with relevant bodies, however is solely responsible for the decision.

The body will be subject to an independent review after 1 year, and then every 2 years following.

(5.)Trial Period

For the period of one year, until 1st July 2016, this shall only apply with an additional proviso [**]

SHORT TITLE, COMMENCEMENT AND EXTENT

6. Short title
(1) This act may be cited as the Tender Investigators Bill 2014.

7. Commencement and extent
(1) This Act shall come into force on the first day of July 2015.
2) This Act extends to the United Kingdom of Great Britain and Northern Ireland.
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Faland
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The Ayes to the right: 23
The Noes to the left: 7
Abstentions: 9

The Ayes have it, the Ayes have it! Unlock!
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