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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
affordability Continuous 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