London • Dublin • Belfast

London • Dublin • BelfastProcurement Law Update

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

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

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

IST Framework CriteriaPrice / Quality

Part A Part B Part C

B01 Whole-Life

Costs

Database Cost

Information

B02 Target Prices

B03 Price for

Work Done to Date

Part D Part E Part F

Reliable WLC Model

Application of WLC at Key Stages

Recognised industry sources

Manufacturers/ suppliers

IST Experience

Leadership and

management of process

Bench-marking

of WLC

affordabilityContinuous

development

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

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

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 For

links to all legislation, cases and policy documents

Guide to Procurement obligations An interactive Procurement Forum

www.QGProcurement.com

Questions?

Thank You

London • Dublin • Belfast