This blog covers the remedies directive for the public sector and when/how you can raise a challenge against a contracting authority.
The EU Remedies Directive was created in 2007 and transposed into UK law with the updated Public Contracts Regulations in 2009. The Directive brought in two very clear and important changes for suppliers to be aware of which were:
- a right to challenge the buyer if a contract is entered into before the compulsory standstill period has ended (standstill being the minimum 10 day period where buyers notify all bidders of the intended outcome before contracts can begin); and
- an automatic right to challenge an award decision and have the contract cancelled or modified if there has been any breach of the wider procurement rules.
In addition, the 2009 Regulations introduced a number of other changes, including: Continue reading “How do you challenge a buyer when you feel the procurement is flawed?”