Meeting the Challenge of the EU Remedies Directive

The EU Remedies Directive has potentially significant implications for procuring authorities, as well as introducing more time for unsuccessful tenderers to challenge contract award decisions.

Procurement authorities will need to ensure they have an open and transparent strategy to decision-making, and must be able to respond effectively to any challenges to their decisions.

This White Paper describes how Commerce Decisions’ web-based tool can help procurement authorities meet the challenge of the Directive.

“In December 2009, the EU Remedies Directive 2007 was implemented into English law.

This has substantially amended the existing remedies regime contained in the Public Contracts Regulations 2006 (the Regulations) which governs the remedies available to bidders in the event of a breach of the EU procurement regulations by a contracting authority.

The Regulations apply when a contracting authority lets a contract for works, services or supplies that exceeds a certain financial threshold (approximately £139,000 for supplies and services contracts and £3.5 million for works contracts).

The implications of a successful challenge have also been extended whereby a court can ultimately decide to make an awarded contract ineffective from the date of the order.

Essentially, this amendment places any new contract at risk of challenge for up to six months from the date of award…”

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