Foreword The changes to the United Kingdom’s (UK) competition law system, introduced under the Enterprise and Regulatory Reform Act 2013 and in force since April 2014, are designed to improve the effectiveness of competition law enforcement in this country. The Competition and Markets Authority (CMA) has competition law powers which apply across the whole economy. Sectoral regulators such as the Water Services Regulation Authority (Ofwat) may exercise the competition law powers to enforce the prohibitions on anti-competitive agreements and on abuse of a dominant position, and to make market investigation references, concurrently with the CMA in those sectors for which they have responsibility. The Enterprise and Regulatory Reform Act 2013 introduced a number of changes to improve the working of concurrency and enable closer working between the CMA and sectoral regulators. The CMA and the sectoral regulators have demonstrated their commitment to making the concurrency framework more effective through the establishment of the UK Competition Network (UKCN). This represents an enhanced forum for cooperation which will enable closer working with the objective of more consistent and effective use of competition powers across all sectors. In their statement of intent in December 2013, the members of the UKCN affirmed: ‘The mission of the UKCN will be to promote competition for the benefit of consumers and to prevent anti-competitive behaviour both through facilitating use of competition powers and development of pro-competitive regulatory frameworks, as appropriate.’1 This memorandum of understanding (MoU) represents a further stage in the process of cooperation between the CMA and the regulators, setting out more practical detail on how the CMA and Xxxxx will work together within the framework of competition law.2 The main purpose of this MoU is to establish an understanding between the CMA and Ofwat as to how this closer working will work in practice. It draws on the legislation which sets out the formal framework for how concurrency will operate and also, importantly, sets out our bilateral commitment to look for opportunities to work 1 UKCN (2013), Statement of Intent. 2 This MoU does not relate to ‘regulatory appeals’ – that is, the separate role that the CMA has in considering appeals against, or references relating to, proposed direct regulatory action by Ofwat under the sectoral statutes. This is a separate role, to be undertaken by the CMA panel, and the CMA is committed to ensuring that its cooperation with Ofwat – whether under this MoU (and under comparable MoU agreed with other sectoral regulators), through the UKCN, or otherwise in connection with their concurrent powers – will not impair the impartiality and fairness of the CMA’s conduct of such regulatory appeals (or indeed of market or merger investigations undertaken by the CMA panel). together, including within the framework of the UKCN, to promote competition for the benefit of consumers. We shall do this by the sharing of expertise, information, ideas and experience and each of us will commit to doing this efficiently and with a mutual regard for each other’s statutory position and strategic objectives. Water and sewerage markets are in the process of liberalisation, with the aim of fostering more competitive markets for the benefit of current and future customers. As markets evolve, competition enforcement under the Competition Act 1998 and review of markets under the Enterprise Act 2002 will be increasingly important tools to enable the development of effective competition in the sector. We believe that this MoU offers a valuable basis for that cooperation, in the interests of the CMA, Ofwat, the water and sewerage industry in England and Wales and, most importantly of all, the consumers.
Contract Language The following language shall be included in contracts for City projects between the Consultant and any Subcontractors, vendors, and suppliers: Contractor shall not discriminate on the basis of race, gender, gender expression, gender identity, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors, or suppliers. Consultant shall provide equal opportunity for Subcontractors to participate in opportunities. Consultant understands and agrees that violation of this clause shall be considered a material breach of the contract and may result in contract termination, debarment, or other sanctions.
BRAND NAME OR EQUALS/DEVIATIONS Unless otherwise specified, the mention of a particular manufacturer’s brand name or number in the specifications does not imply that this particular good is the only one that will be considered for purchase. This reference is intended solely to designate the type or quality of good that will be acceptable. Equal offers will be considered and must include descriptive literature and/or specifications. Failure to provide descriptive literature and/or specifications with equal offers will result in the disqualification of the bid. The determination as to whether any alternate good or service is or is not equal shall be made solely by the County and such determination shall be final and binding upon all bidders. The County reserves the right to request and review additional information to make such a determination. Although the County provides for the consideration of alternate bids, it reserves the right to make an award in the best interest of the County. Award may not necessarily be given to the lowest bid offered. The Bidder shall be responsible for reading very carefully, and understanding completely, the requirements and the specifications of the items bid upon. Unless the bid is in response to a “Brand Name or Equal” requirement, deviations from the specifications will only be considered if requested in writing prior to the date and time specified for receipt of bids. Deviations, if accepted, will be specifically addressed in writing via an addendum to this Invitation for Bids. Any goods or services that are not in compliance with the specifications will not be accepted.
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Advertisement on Project Highway The Project Highway or any part thereof shall not be used in any manner to advertise any commercial product or services.
Current Online Content and Functionality By January 31, 2019, the District agrees that it will take all actions necessary to ensure that individuals with disabilities have an equal opportunity to participate in the District’s programs and activities offered through the District’s website or equally effective alternate access. To meet this commitment, the District will: develop a strategy for identifying inaccessible content and functionality for individuals with disabilities; develop a notice to persons with disabilities regarding how to request that the District provide access to online information or functionality; prominently post this notice on its home page and throughout its website; and develop a process to ensure that, upon request, inaccessible content and functionality will be made accessible1 in an expedient manner.
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