PLC Public Sector reports:
The implementation of the new Remedies Directive (2007/66/EC) has been eagerly awaited (see Opinions, Procurement pay-offs – the unavoidable outcome of the Government’s refusal to meet tender costs? and Is the new Remedies Directive already in effect?).
In preparation for its coming into effect on 20 December 2009, PLC Public Sector, in conjunction with Wragge and Co LLP, has published a new practice note that:
- Provides an overview of the changes that are introduced in the UK by the new regime with effect from 20 December 2009.
- Covers the transitional provisions, in particular which procurements the new rules will apply to.
- Deals with the key changes under the new regime.
- Sets out some practical steps for dealing with the new Remedies Directive, given that there are a number of uncertainties about how the Remedies Directive will be applied to public procurements commenced after 20 December 2009. Although these uncertainties are likely to be partly addressed by government guidance, and the courts in due course, there are certain actions contracting authorities can take to mitigate the increased risks under the new regime.
In particular, procurement staff should be made aware of the importance of the standstill period and the ineffectiveness remedy and ensure that precedent procurement documentation takes account of the changes.
To assist all staff involved in procurements, and to make sure that they do not fall foul of the new regime, PLC Public Sector has also:
- Updated its existing materials on procurement to reflect the new Remedies Directive.
- Drafted a new “standstill letter” for use in respect of procurements advertised after 20 December 2009.
- Amended the existing drafting note that accompanies the suite of correspondence for contracting authorities to use during the course of a procurement process so that it takes account of the Public Contracts (Amendment) Regulations 2009 (SI 2009/2992), which implement the new Remedies Directive in England and Wales.