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Procurement Law Update: New Remedies Directive & Weightings Overview

Stay informed on the latest in procurement law with updates on the New Remedies Directive, weightings, and marking schemes. Learn about frameworks, correcting errors, sustainability, and more. Access valuable information to enhance your procurement processes.

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Procurement Law Update: New Remedies Directive & Weightings Overview

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  1. Procurement Law Update London • Dublin • Belfast Edward Quigg BEng LLB MIEI MCIArb FInstCES

  2. Overview • New Remedies Directive • Weightings and marking schemes • Frameworks • Correcting Errors • Sustainability

  3. 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!

  4. 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

  5. IST Framework Criteria

  6. 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

  7. 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

  8. 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

  9. New Info Source • For • links to all legislation, cases and policy documents • Guide to Procurement obligations • An interactive Procurement Forum www.QGProcurement.com

  10. Questions? Thank You

  11. London • Dublin • Belfast

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