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PostPosted: Thu Apr 22, 2010 10:29 am 
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Posts: 725
Location: Essex, England
It has happened. Essex County Council has now got us to cut our own throats, so they don't have to do it for us and thus don't get the blame.

Is it legal? They say yes. I don't kinda agree. What do you think?

Here is how it works:

1. We are asked to quote a binding price on a tender.
2. We put in our best price, and are now contractually committed to undertake the job at that price if we are the winning bidder.
3. If they like the best price, they accept it. (Fair enough so far, eh?)

4. If they don't "like" the best price, or perhaps, if they don't like the operator who has won, or, maybe, if they are just in a bad mood that day (the decision as to which winning tenders/contracts go out to auction is arbitrary), then they void the tender (from their side - you, the operator, are still committed to do it should they so choose later).
5. They then put the tender out to auction, on a falling price internet auction, so all the operators can then bid on it, providing, that is, that they bid lower than the starting price. (The starting price is the lowest bid they have already had when it went out to tender).

The result, is that the operators then have to underbid each other, from a figure that the original cheapest operator thought was his minimum realistic price to do the job !!!

The bottom line?

Well, we now have operators undertaking jobs at clearly uneconomic rates. Example: Minibus jobs at 55p per mile, that require an escort (the escort costs must be included in the bid price, hence are included in the 55p a mile), and which if you calculate the overall time taken on the job, do not meet the requirements of The Minimum Wage Act. But hey, it's your responsibility not to break the law, not County Council's aparently.

Just add that it now costs £120 for County to give you a CRB Check and ISA registration. Licences for our cabs and drivers have rocketed as more and more legislation hits us from District Council, County Council, National Government and EU Government. And I ain't gonna mention fuel costs.

What's the choice?

1. Operate illegally?
2. Reduce costs by reducing vehicle maintenance?
3. Don't bid on Council Contracts?
4. Work for nothing - just for the joys of the job?
5. Go Bankrupt?
6. Go on the dole?
7. Bash head against wall and end up in hospital?
8. Ring Samaritans.

Do The Council, not have a Duty of Care, to ensure that contracts they award are legally operable?

Is it not the case, that a contract awarded that cannot be operated legally, is in fact a void contract and cannot be enforced under English Law?

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PostPosted: Thu Apr 22, 2010 1:10 pm 
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Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
I have been arguing the cost that some operators put on jobs for our council. Some of the prices that win where an escort is included are ridiculous and I get the same answer every time. "we can't tell operators how to operate."

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PostPosted: Thu Apr 22, 2010 3:53 pm 
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Joined: Thu Feb 18, 2010 9:19 pm
Posts: 724
Location: Winchester Hampshire
Hampshire County Council were dishing out leaflets a while back asking for tenders from the trade knowing times are hard..... Those that looked into it and tenderd now wish they hadn't as they were running at a loss.....
Councils just take the Pish and that is all there is to it.....
Only ever tenderd once many years ago and found that my tender was not low enough even with a 15% discount so have never bothered since.
Those that did have since gone to the wall, cannot make their sums add up or take it as they can't make it on the ranks and/or whatever customer base they have.... They are the same ones that drip about their situation..... :roll: :-|


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PostPosted: Thu Apr 22, 2010 7:59 pm 
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Joined: Wed Sep 03, 2003 7:30 pm
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Location: 1066 Country
Andy7 wrote:
Do The Council, not have a Duty of Care, to ensure that contracts they award are legally operable?

I think they have a 'duty of care' to ensure the viability of the contract and the contractor, in that a dangerously maintained vehicle is not something any contract should lead to.

However we all are where we are with council contracts. Council budgets are being cut heavily, and they see us as having to do our bit. It's not a good situation out there.

Maybe the good firms will have to lower themselves to the bad firms and cut corners. Let's hope the bad firms go bust and the good firms can offer their services at a better rate.

But for the next few years methinks that's wishful thinking. :sad:

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PostPosted: Fri Apr 23, 2010 1:27 am 
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Joined: Thu Jun 26, 2008 3:11 pm
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Location: A Villa in Aston NO MORE!
Surely the escorts on these jobs need council originating CRB checks?

And if so, how many have.

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PostPosted: Fri Apr 23, 2010 5:56 am 
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Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
Brummie Cabbie wrote:
Surely the escorts on these jobs need council originating CRB checks?

And if so, how many have.


They need to have a council approved badge in Leicestershire. This can be either a county council escort badge or a local council drivers badge.

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Grandad,


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PostPosted: Fri Apr 23, 2010 6:34 am 
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Joined: Thu Jun 26, 2008 3:11 pm
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Location: A Villa in Aston NO MORE!
grandad wrote:
Brummie Cabbie wrote:
Surely the escorts on these jobs need council originating CRB checks?

And if so, how many have.

They need to have a council approved badge in Leicestershire. This can be either a county council escort badge or a local council drivers badge.

Do they include CRB checks?

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.


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PostPosted: Fri Apr 23, 2010 6:57 am 
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Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
Brummie Cabbie wrote:
grandad wrote:
Brummie Cabbie wrote:
Surely the escorts on these jobs need council originating CRB checks?

And if so, how many have.

They need to have a council approved badge in Leicestershire. This can be either a county council escort badge or a local council drivers badge.

Do they include CRB checks?


Yes

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Grandad,


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PostPosted: Fri Apr 23, 2010 8:12 am 
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Location: 1066 Country
Brummie Cabbie wrote:
Surely the escorts on these jobs need council originating CRB checks?

And they will need to receive at least the minimum wage.

I think when the contracts are in progress someone needs to get HM Revenue to investigate.

http://www.hmrc.gov.uk/nmw/complaint.htm

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PostPosted: Fri Apr 23, 2010 9:29 am 
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Joined: Sun Sep 21, 2003 12:04 am
Posts: 725
Location: Essex, England
Brummie Cabbie wrote:
Surely the escorts on these jobs need council originating CRB checks?

And if so, how many have.


Yes. All our Escorts (and drivers) (and office staff) have to have CRB Check (through County) and now also ISA Registration. County Charge us £120 per escort every three years, as they wont accept the district council CRB (which we also have to have at another £34). In addition, the escorts have to undergo training courses (repeated every three years).

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PostPosted: Fri Apr 23, 2010 9:32 am 
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Joined: Sun Sep 21, 2003 12:04 am
Posts: 725
Location: Essex, England
Sussex wrote:
Brummie Cabbie wrote:
Surely the escorts on these jobs need council originating CRB checks?

And they will need to receive at least the minimum wage.

I think when the contracts are in progress someone needs to get HM Revenue to investigate.

http://www.hmrc.gov.uk/nmw/complaint.htm


Absolutely, Uncle Sus. I think you have the right idea there.

You still driving that Octavia about?

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PostPosted: Fri Apr 23, 2010 9:03 pm 
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Posts: 57350
Location: 1066 Country
Andy7 wrote:
You still driving that Octavia about?

Got rid of that over 4 years ago, but a good car none the less.

Since had a Mondeo and loved it, now drive something bigger and don't. :sad:

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PostPosted: Sat May 08, 2010 6:51 am 
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Posts: 49
Sussex wrote:
Brummie Cabbie wrote:
Surely the escorts on these jobs need council originating CRB checks?

And they will need to receive at least the minimum wage.

I think when the contracts are in progress someone needs to get HM Revenue to investigate.

http://www.hmrc.gov.uk/nmw/complaint.htm


thats the problem ! escorts are getting paid cash in hand ,we have the same problem up here in cheshire ,at the last meeting with the county council we were told they would be cracking down on what they called blackmarket escorts and all operators had a duty to make sure there escorts were legit paye wise ,then they told us they would be fetching in this auction system online for contracts what a joke ,the prices the contracts are being done for or won are not worth starting the cab for never mind paying a escort paye but we dont have the escort problem anymore because as soon as we told them they had to go on the books they left :roll:


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PostPosted: Sat May 08, 2010 11:01 am 
Andy7 wrote:
It has happened. Essex County Council has now got us to cut our own throats, so they don't have to do it for us and thus don't get the blame.

Is it legal? They say yes. I don't kinda agree. What do you think?

Here is how it works:

1. We are asked to quote a binding price on a tender.
2. We put in our best price, and are now contractually committed to undertake the job at that price if we are the winning bidder.
3. If they like the best price, they accept it. (Fair enough so far, eh?)

4. If they don't "like" the best price, or perhaps, if they don't like the operator who has won, or, maybe, if they are just in a bad mood that day (the decision as to which winning tenders/contracts go out to auction is arbitrary), then they void the tender (from their side - you, the operator, are still committed to do it should they so choose later).
5. They then put the tender out to auction, on a falling price internet auction, so all the operators can then bid on it, providing, that is, that they bid lower than the starting price. (The starting price is the lowest bid they have already had when it went out to tender).

The result, is that the operators then have to underbid each other, from a figure that the original cheapest operator thought was his minimum realistic price to do the job !!!

The bottom line?

Well, we now have operators undertaking jobs at clearly uneconomic rates. Example: Minibus jobs at 55p per mile, that require an escort (the escort costs must be included in the bid price, hence are included in the 55p a mile), and which if you calculate the overall time taken on the job, do not meet the requirements of The Minimum Wage Act. But hey, it's your responsibility not to break the law, not County Council's aparently.

Just add that it now costs £120 for County to give you a CRB Check and ISA registration. Licences for our cabs and drivers have rocketed as more and more legislation hits us from District Council, County Council, National Government and EU Government. And I ain't gonna mention fuel costs.

What's the choice?

1. Operate illegally?
2. Reduce costs by reducing vehicle maintenance?
3. Don't bid on Council Contracts?
4. Work for nothing - just for the joys of the job?
5. Go Bankrupt?
6. Go on the dole?
7. Bash head against wall and end up in hospital?
8. Ring Samaritans.

Do The Council, not have a Duty of Care, to ensure that contracts they award are legally operable?

Is it not the case, that a contract awarded that cannot be operated legally, is in fact a void contract and cannot be enforced under English Law?


Had the same problems round here Andy, the one man bands thought they were getting one over on the firms by going in way low on prices, little did the one man bands know that they have to keep doing them for 5 years and can't be sub tendered out to other companies.

One driver quoted £12 for a £25 contract, he's stumped with it because no one wants it.

If they want to go in low let them but ask the Council to make sure they aren't farming them out to other drivers on the ranks.


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PostPosted: Mon May 10, 2010 8:33 pm 
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Joined: Tue Apr 29, 2008 4:06 pm
Posts: 24391
Location: Twixt Heaven and Hell, but nearest Hell
grandad wrote:
I have been arguing the cost that some operators put on jobs for our council. Some of the prices that win where an escort is included are ridiculous and I get the same answer every time. "we can't tell operators how to operate."


I think you will be familiair withe leics MO, staffs ask what hours an escort will be working, and what they are being paid

HOWEVER, in a meeting with LCC the guy said 1 contract was decided to need an escort after being granted and said "we told the guy to get one and we would pay an extra fiver a day"

i know some jobs are short, but whose gonna bother for £2.50 in the mornings and again in the afternoon?

fiver my arse

i asked staffs if they ever considered a low bid as being unsustainable "oh no, its nothing to do with us"


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