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How do you encode that into a requirement that won’t be thrown out by the courts as libel or targetting a specific manufacturer?
by Kwpolska 2y ago
How 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.