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They can’t be banned from participating in public tenders without due process. Tenders tend to have the price as the most important factor in choosing the winne
by Kwpolska 2y ago
They can’t be banned from participating in public tenders without due process. Tenders tend to have the price as the most important factor in choosing the winner.
- solarkraft 2y agoTenders also tend to have specific requirements and "don't sabotage the trains" seems like it would be a useful one
- Kwpolska 2y agoHow do you encode that into a requirement that won’t be thrown out by the courts as libel or targetting a specific manufacturer?
- franga2000 2y agoIt's not unfairly excluding a specific manufacturer if it's a reasonable requirement. Something like "no service vendor lock-in" and "firmware can't be silently updated remotely" would do the trick and either: 1) Newag would refuse to participate; 2) Newag would not do the same shit under the new contract; 3) Newag would do the same shit, easily found in direct breach of contract, then excluded for a few rounds of tenders on the basis of past breaches and/or active litigation.
- solarkraft 2y agoIt’s not uncommon for tenders to be even more specific (allegedly actually unfairly benefiting specific manufacturers), but this one seems highly functional & reasonable to the point of it being more of an oversight that it wasn’t originally included.
- ptsneves 2y agoTenders very often require prior history and experience to evaluate quality, ability or plain moral suitability. In a more publicly visible industry you see this, where a given banker or bank cannot get a license for some operations, Revolut for example.
- hn8726 2y agoRequire that the software for the trains is open would be a good start.