Fairness in Public Procurement Act

The **Fairness in Public Procurement Act** (Law 104; TAX.91.2) is a law to regulate procurement of private services and goods by governments in the Fifth Adorian Republic. It was authored by ZeroEx (SDP-And.).

## Full text

### Text as amended,

* **Type:** Bill
* **Topic:** Ensuring public procurement by the national, provincial, and local governments are fair.

#### Preamble

When the government, on any level, needs to contract a company for construction, maintenance, or some other service or task, it must be ensured that all companies are given fair treatment in how the government selects the company or companies to contract. As such, the selection process must be made public and every company must be give a chance to compete.

*Be it hereby approved by the National Assembly;*

#### Section 1. Ban on Pre-Established Contracts

The Government, herein referring to the governing entity on national and local levels, cannot approach or make deals with any company before a Public Procurement Inquiry, as defined in sect. 2, is made.

No legislation passed on national and local levels may select a company or companies to contract, and must instead declare a Public Procurement Inquiry.

#### Section 2. Public Procurement Inquiry

A Public Procurement Inquiry is an announcement by the Government that solicits offers from companies. The Public Procurement Inquiry must contain the following information:

* Specification(s) for the needed service(s)
* Upper bound on cost
* Time frame wherein offers may be submitted

A Public Procurement Inquiry must be fair. This includes, but is not limited to, not outlining requirements clearly tailored to a specific company, giving reasonable time for companies to respond with an offer or submit counter-offers, and considering every offer.

#### Section 3. Selection Process for Public Procurement

When the time for submitting offers has elapsed, the Government is to either drop all offers or select one. The following parameters must be considered in the selection process:

* Cost
* Efficiency
* Competency of the company, in general and in regards to the offer in question
* Adherence to the specification given by the Public Procurement Inquiry

The Government must issue a publicly available statement specifying why it decided to choose a particular offer above the others.

#### Section 4. Legal Challenges

The Government may be challenged in court if a company or companies feel that a Public Procurement Inquiry is unfair or that they've been treated unfairly during the selection process.

#### Section 5. Exceptions

* If the Government requires a service for which there is only a single provider, it may choose to forego the public procurement process established herein.
* The public procurement process may be foregone if an emergency in a field or fields relevant to the needed service(s) has been declared.

**Author: userzeroex#4473** (SDP)

**Signatories:**

* **Boop II#5663** (SDP)
* **Duje#7353** (SDP)
* **Ponderix#2378** (SDP)
* **Ruben#0420** (GP)

### Original text (TAX.91.0)

* **Type:** Bill
* **Topic:** Ensuring public procurement by the national, provincial, and local governments are fair.

#### Preamble

When the government, on any level, needs to contract a company for construction, maintenance, or some other service or task, it must be ensured that all companies are given fair treatment in how the government selects the company or companies to contract. As such, the selection process must be made public and every company must be give a chance to compete.

*Be it hereby approved by the National Assembly;*

#### Section 1. Ban on Pre-Established Contracts

The Government, herein referring to the governing entity on national and local levels, cannot approach or make deals with any company before a Public Procurement Inquiry, as defined in sect. 2, is made.

No legislation passed on national and local levels may select a company or companies to contract, and must instead declare a Public Procurement Inquiry.

#### Section 2. Public Procurement Inquiry

A Public Procurement Inquiry is an announcement by the Government that solicits offers from companies. The Public Procurement Inquiry must contain the following information:

* Specification(s) for the needed service(s)
* Upper bound on cost
* Time frame wherein offers may be submitted

A Public Procurement Inquiry must be fair. This includes, but is not limited to, not outlining requirements clearly tailored to a specific company, giving reasonable time for companies to respond with an offer or submit counter-offers, and considering every offer.

#### Section 3. Selection Process for Public Procurement

When the time for submitting offers has elapsed, the Government is to either drop all offers or select one. The following parameters must be considered in the selection process:

* Cost
* Efficiency
* Competency of the company, in general and in regards to the offer in question
* Adherence to the specification given by the Public Procurement Inquiry

The Government must issue a publicly available statement specifying why it decided to choose a particular offer above the others.

#### Section 4. Legal Challenges

The Government may be challenged in court if a company or companies feel that a Public Procurement Inquiry is unfair or that they've been treated unfairly during the selection process.

#### Section 5. Exceptions

If the Government requires a service for which there is only a single provider, it may choose to forego the public procurement process established herein.

**Author: userzeroex#4473** (SDP)

**Signatories:**

* **Boop II#5663** (SDP)
* **Duje#7353** (SDP)
* **Ponderix#2378** (SDP)
* **Ruben#0420** (GP)

## External links

* Fairness in Public Procurement Act on Google Docs
* TAX.91.2 Fairness in Public Procurement Act on the Adoria Legislative Portal