European Communities (Public Authorities' Contracts) (Review Procedures) Regulations 2010

Author:Mr Eoin Cunneen and Niamh Hackett
Profession:LK Shields
 
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  1. Introduction

    These regulations were signed into law on 25 March 2010 and are expressed to apply to decisions taken after that date. The regulations are to implement the changes made by Directive 2007/66/EC to the Remedies Directive 86/665/EEC and set out a number of remedies and review procedures available to eligible persons in relation to the procurement procedures of public sector bodies.

    The Regulations seek to encourage increased cross-border tendering within the EU by seeking to enhance tenderers' certainty of rights and by providing a more robust review procedures for tenderers. They also seek to improve the effectiveness of review procedures at a pre-contract stage.

    The regulations apply to contracts to which the European Communities (Award of Public Authorities' Contracts) Regulations 2006 apply.

    The review procedures set out in the regulations are available to a person who has or had an interest in obtaining the public contract in question and where they allege that they have been harmed or are at risk of being harmed by an infringement of European Communities law relating to that public contract, EU public procurement law or a law of the State transposing that law.

  2. Standstill Period

    The regulations provide that a standstill period applies in respect of certain public contracts. The Contracting Authority is not permitted to conclude or award the public contract during the standstill period. The standstill period begins on the day after the tenderer/candidate is sent (rather than receives) a notice of the outcome of their tender/ application. The duration of the standstill period must be at least 14 calendar days where the notice is sent by facsimile or electronic means and at least 16 calendar days if the notice is sent by any other means (i.e. by post).

  3. Notice of the Outcome of Tender/Application

    The notice to the unsuccessful tenderer/candidate must:

    Inform the tenderer/candidate of the decisions reached concerning the award of the contract; State the exact standstill period which applies to the contract; Provide a summary of the reasons for the rejection of the tender/application. In the case of tenderers, this summary should comprise: The characteristics and relevant advantages of the tender that was selected; The name of the successful tenderer; In the case of an unsuccessful candidate the summary may be provided by setting out:

    The score obtained by the candidate concerned; and The score achieved by the...

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