The White Paper below describes the successful approach that has been used by Commerce Decisions over the past 10 years to:
- Reduce the likelihood of being challenged
- Increase the probability of successfully defending any challenges
- Ease the burden of producing debrief information
The implementation of the EU Remedies Directive in the United Kingdom has had a huge impact on purchasing authorities.
There is increased opportunity for an aggrieved tenderer to challenge the decision and a greater impact upon the purchasing authority of a challenge.
This paper describes an approach which reduces the likelihood of being challenged; increases the probability of successfully defending any challenges; and eases the burden of producing debrief information.
It has been successfully used by Commerce Decisions (CD) when advising its customers over the last 10 years.
“What can be challenged?
In essence: anything!
The courts are most likely to uphold challenges relating to the process undertaken by the purchasing authority.
This can be because the decision process failed to follow the Public Contract Regulations (PCRs), wasn’t sufficiently well described or the purchaser didn’t follow the process they published.
Challenges to the conclusions reached by the purchaser based upon the information provided by the supplier are less likely to succeed, provided that the criteria used are indeed related to the product or service being procured.”
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Avoid challenge, criteria, debrief, defending legal challenge, EU remedies directive, implications of challenge