Current Public Procurement Legislation and the Prohibition of Post-Tender Price Negotiation

One of the biggest obstacles to successful management of the NHS, and also to any analysis of its current well being, remains the significant lack of any valid information as to what the NHS does, how much it costs and where the money is spent. Indeed, it is perhaps surprising that 'the 1990 changes' were conceived and implemented as fast as they were, given the lack of information that was available in 1988. (Ham, 1996) Attempts were made at the start to ensure that hospitals began from a 'level playing field' so that they were in fair competition with one another, but the sometimes 10 fold differences in the early quoted costs for identical services in different hospitals had as much to do with differing costs of maintaining buildings

Firstly, we have to distinguish whether Jack makes an invitation to tender or an invitation to treat. According to Harvela Investments Ltd v. Royal Trust Co of Canada (CI) Ltd (1986), the usual analysis is that ‘an invitation to tender for a particular project is simply an invitation to treat. ' However, in the case of Harvela Investments Ltd, the invitation to tender is treated as an offer implicating legal obligations. I believe that Jack was making an invitation to treat rather than an invitation to tender, constituting an offer, for several reasons; firstly, the terms of the invitation are vague, with no specification of time for which acceptance of the ‘most competitive tender ' will remain open till; secondly, I infer that the lack

The NHS has grown to become the world’s largest publicly funded health service system since 1948(Nhs.uk, 2015).There are many issues and disputes in NHS. Nowadays,some people believe that the NHS should be abolished or privatized,because it can solve many issues with NHS.This essay agree that the NHS should not be abolished or privatized.

A basic definition for the procurement is “the way the building is realised” and “involves assembling and organising the skills and services of a team of construction professionals”. (the Construction Round Table, 1995). More precisely, the construction industry describes procurement as “a system that establishes the roles and relationships which make up a project organisation”; hence the overall organisation and communication structure for the management, administration and control of a project is established by the procurement system. (D.C.H Coles, 2010)

AC1.2: Explain the roles and interests of those who should be involved in a tender process

The Truth in Negotiations Act was passed on December 1, 1962 requiring government contractors to submit cost or pricing data if the procurement met specific requirements in order to establish that the offer is fair and reasonable. The history of The Truth in Negotiations Act will set the stage for its significance in the twenty-first century. Prior to World War II, the United States government conducted its bidding process for procurement in an open bid environment. What was required for a bid was a complete description of the requirement, two or more suppliers capable and willing to complete the requirement, a selection based on price competition and sufficient time to prepare a complete statement of the government’s needs and terms.

This paper will explore how Sealed Bidding and Competitive proposals compare against each other. In order to compare them one must understand how, when and why each topic is used. The primary source of federal procurement information and guidance is the Federal Acquisition Regulation, which consists of Parts 1-53 of Title 48 of the Code of Federal Regulations (CFR). FAR parts 14 and 15 explains in full detail Sealed Bidding and Competitive Proposals. This paper like the federal government will rely heavily on the FAR as a source document to help explain the details of this topic.

Based on the textbook and my understanding, whenever there are negotiations between a procurer and a supplier regarding a competitive bidding, the first thing that might be favored is the scope of the project, meaning both will sit down and discuss the entire project prior the work begins. Meanwhile, during the negotiations, evaluation criteria should be clear, and stated and defined. As the evaluation is based on the criteria stated and the procurer can request or ask the supplier’s opinions on certain specifications and where things can be improved.

Believe that the NHS should not to be privatised but reformed to meet the challenges of the 21st century while remaining in the public sector. She pointed out that across the country, the NHS is selling off its land and buildings and closing its services. This is happening at an unprecedented rate which is switching NHS funds and services away from NHS services to the private sector. The total debt is £50bn rising to £90bn and will lock-in future governments and future taxpayers for many decades to come. The NHS currently pays £0.5bn pounds a year in PFI charges and this debt is set to quadruple to £2.3bn a year by 2010. The beneficiaries are the banks, the shareholders and the venture capitalists, the construction industry and facilities management. The losers are the service users, staff and the British public. (https://www.theguardian.com/commentisfree/2007/oct/04/thenewprofiteers)

Dr Steve Kell said ‘there was no privatisation agenda and that competition should only be used if it was in the best interest of patients’. The NHS would be pointless if it was all about the competing to get patient’s and funds, as it was originally set up to give free and equal health care to everyone regardless of wealth or status. However if its turned into a competition between private care and the NHS , care will not be equal and the values of the NHS will no

Procurement by public entities is guided by primary law principles of transparency, equal treatment and non-discrimination, procurement laws sets up an extensive legal framework regarding the procurement of work, supply and service contracts. There are two main reasons for the use of specific procedures i.e. why contracting authorities do not just negotiate or simply buy from the closest supplier. First, it provides for more public accountability and therefore less cases of corruption practices. Additionally, tendering procedures aim to ensure the best value for money by making it necessary for suppliers to act highly competitive. As a result, market mechanisms will help in facilitating the best possible practices. In situations where market mechanisms are not effective, tender procedures might lose their effectiveness as well. If for example there is lack of competition due to certain complexities or as a result of lower bidder interest, negotiations with just one or two suppliers may be the most efficient manner to handle the process. Therefore, we discuss the inherent advantages and disadvantages of sealed bidding and contracting by negotiation as procedural frameworks for tendering.

The only segment of the opinion, written by Justice McClanahan that I would have preferred to see more written about was where she wrote that the VPPA clearly established that sealed competitive bidding was the sole method of procurement that had to be used, by SBC, for this contract. I believe that Justice McClanahan was not looking at all procurements of non-professional services but only at the solicitation issued by SBSC. Therefore, I believe what Justice McClanahan should have written was that competitive sealed bidding was the sole option for SBSC based on their actions. If Justice McClanahan meant to say that it was the only option for any procurement of non-professional services, then I believe she was incorrect. Both Thomas Folk and William Mauck Jr. published legal articles that analyzed this case. They both wrote that competitive negotiations was an option for the procurement of non-professional services at the time that SBSC issued their solicitation. § 2.2-4300 section C stated that “upon a determination made in advance by the public body and set forth in writing that competitive sealed bidding is either not practicable or not fiscally advantageous to the public, goods, services, or insurance may be procured by competitive negotiations. The writing shall document the basis for this determination.” (VPPA, 2006) Based on the VPPA, had SBSC made that written determination, they could have then issued a Request for Proposal (RFP) instead of their “Best Value”

In 2000, an effort was made by the UK government to resolve certain inequalities that had developed within the NHS by releasing the “NHS Plan of 2000.” This plan greatly increased spending on employee pay, infrastructure, and access to services. Despite almost doubling spending in a ten year period,

From the given situation, I believe that purchase contract negotiation involves clarification and mutual agreement on the structure and requirements of the contract and I acknowledge the positions of both parties to gain the first step of forming the contract. I utilize active listening and collaborative communication techniques at the first stage of forming a contract. These techniques allow me to focus on both sides must recognize basic areas of contract agreement and the importance of other terms and conditions.

b) Another alternative should be using the negotiation method in order to develop a “win-win” situation. A negotiating party would have to be applied, “When a long period of time is required to produce the items purchased” (p 375). In these circumstances, suitable economic price adjustment clauses must be negotiated. Opportunities for various improvements may develop, such as the new manufacturing methods, new packaging possibilities, substitute materials, new plant layouts, and new tools. Negotiation permits an examination and evaluation of all these potential improvements. Competitive bidding does not. The advantage would be assurance of a long-term business with the Company along with reasonable profit for the supplier and reasonable cost for the buyer.