London dublin belfast
Download
1 / 12

London • Dublin • Belfast - PowerPoint PPT Presentation


  • 68 Views
  • Uploaded on

Procurement Law Update. London • Dublin • Belfast. Edward Quigg BEng LLB MIEI MCIArb FInstCES. Overview. New Remedies Directive Weightings and marking schemes Frameworks Correcting Errors Sustainability. New Remedies Directive . Remedies Directive 2007/66/EC

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about ' London • Dublin • Belfast' - billie


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
London dublin belfast

Procurement Law Update

London • Dublin • Belfast

Edward Quigg

BEng LLB MIEI MCIArb FInstCES


Overview
Overview

  • New Remedies Directive

  • Weightings and marking schemes

  • Frameworks

  • Correcting Errors

  • Sustainability


New remedies directive
New Remedies Directive

  • Remedies Directive 2007/66/EC

  • To be given effect by 20th December 2009

    • Harmonise standstill arrangements

    • Possible review procedure, which if adopted means award is frozen until outcome of review

    • Introduce ineffectiveness as a remedy for illegal direct awards (cancellation of contracts entered into either retrospectively or prospectively)

  • Think of effect on funders decisions!


Weightings and marking scheme disclosure
Weightings and Marking Scheme Disclosure

  • Universale-Bau AG, Case C – 470/99

  • ATI v. ACTV Venezia et alia, Case C – 331/04

    • Community law does not preclude a jury from attaching specific weight to the subheadings of an award criterion, provided that that decision : -

      • does not alter the criteria for the award of the contract set out in the contract documents or the contract notice;

      • does not contain elements which, if they had been known at the time the tender was prepared, could have affected that preparation;

      • was not adopted on the basis of matters likely to give rise to discrimination against one of the tenderers."

  • McLaughlin & Harvey Nr 2

    • 39 items to be disclosed but possibly

      not the 186



Frameworks
Frameworks

  • Call Off Options

    • As set out fully in the framework, or,

    • By reopening competition between all EO’s capable of carrying out the work

      • Rotation

      • KPI

      • Lottery

      • All


Correcting errors
Correcting Errors

  • In ITT and PQQ

    • Ensure right is reserved

      • Allow additional time

      • Ensure equal treatment and transparency

  • In Bids

    • Ensure right to seek correction is reserved

      • Have pre-defined procedure

      • Not fundamental issues

      • Ensure equal treatment


How to assess sustainability
How to Assess Sustainability

  • In the Specification

    • Use proportionate contractual remedies, LADs or KPI matrix which has effect on amount paid

  • At selection stage

    • Can EO show capability to meet specification?

  • But NOT at award stage

    • unless essentially linked to MEAT


New info source
New Info Source

  • For

    • links to all legislation, cases and policy documents

    • Guide to Procurement obligations

    • An interactive Procurement Forum

      www.QGProcurement.com


Questions
Questions?

Thank You



ad