Monday, December 06, 2010

A reader asked for the link to the source of information in my last column, where I mentioned the government's response to a question about what constitutes lobbying. The information is on the BC Bid site - here's the link to the Request For Information on BC Bid.
You'll need to click on Addendum 8 once there to see the original PDF - scroll down to the question-and-answer part. If you don't care about formatting, here's the relevant text from that addendum:


QUESTIONS AND ANSWERS:
1. The draft ELMS RFP includes the following clauses regarding communications:
Page 5, Clause b
(b) USE OF REQUEST FOR INFORMATION
Any portion of this document, or any information supplied by the Province in relation to this Request for Information may not be used or disclosed, for any purpose other than to prepare a response to this Request for Information, or to any subsequent Request for Proposals or other competitive bidding process related to this Request for Information. Every recipient of this Request for Information agrees to hold in confidence all information supplied by the Province in relation to this Request for Information.

26. Lobbying
Proponents must not attempt to communicate directly or indirectly with any employee, Contractor or representative of the Province, including the evaluation committee for any Catchment Area and any elected officials of the Province, or with members of the public or the media, about the project described in this RFP or otherwise in respect of the RFP, other than as expressly directed or permitted by the Province. In the event a Proponent lobbies the Province in relation to this Request for Proposals, the Proponent’s proposal may be disqualified.

a) Could an individual organization be deemed disqualified from ELMS bidding if an umbrella organization in which it is a member speaks to politicians, bureaucrats, or the media regarding the overall merits of that umbrella’s membership (eg: the umbrella doesn’t specifically mention the member organization in any way)? Under what conditions might that happen?
b) Could an individual organization be deemed disqualified from ELMS bidding if an umbrella organization in which it is a member speaks to politicians, bureaucrats, or the media regarding that specific vendor? Under what conditions might that happen?
c) Could an individual organization be deemed disqualified from ELMS bidding if a community member speaks to politicians, bureaucrats, or the media regarding that specific vendor, even if the organization in question in no way asked or wanted that community member to engage in that communication? Under what conditions might that happen?
d) BC Bid processes are predicated on being as “transparent” as possible, providing equal information to all potential vendors. To that end, can BC Bid provide information about the process it would undertake to determine whether any one organization may be deemed ineligible to bid on the ELMS procurement due to communications with politicians, bureaucrats or the media? What factors would be considered by the BC Bid in making such a determination? Can BC Bid provide more specific information to potential bidders to promote clearer understanding about communications restrictions related to ELMS BC Bid postings?


ANSWER
The intention of the “Use of Request for Information” clause in the RFI is to prevent any use of the information provided as part of the RFI by any person except to prepare a response to the RFI or to any subsequent RFP or other procurement solicitation.
The intention of the “Lobbying” clause in an RFP is to ensure fair and objective procurement processes that are free from any real or perceived external influences or pressures on potential outcomes. The clause warns against direct or indirect communication with any employee or elected official of the Province or the media about the project described in the RFP or in respect of the RFP. The clause does not prevent any person or organization from normal business activities or discussions with any person regarding subjects that are unrelated to the RFP.
The Ministry will determine, at its sole discretion, when to disqualify a Proposal for a breach of the “Lobbying” clause.

1 comment:

Anonymous said...

http://www.bcbid.gov.bc.ca/open.dll/showDisCharList?attachment=Yes&sessionID=24010440&disID=18486652&disType=Tender&disTypeQual=TN&Ref_Table=TenderTNDownload&Ref_Str=TenderTNChar|Download||&docType=Tender&docTypeQual=TN&IssuedBy=2933842&IssuedFor=2933842&docCheckAllow=Insufficient&relID=


Addendum #8, ELMS-003, Request for Information (Draft RFP)

page 3

thanks - sorry, but you'll have to cut-N-paste the addy to get there