Procurement Remedies

1. Procurement law remedies –before and after
For procurements commenced on or after 20 December
2009, there are changes to the legal remedies available to
suppliers for breaches of procurement law. There are also
changes to the procedures which support the remedies.
The table which follows summarises these changes.
Before After
Court order to interrupt procurement No change, but guidance given to courts
process, or overturn a pre-award as to factors to be weighed in decision to
decision. interrupt.
Minimum standstill period of 10 days. Minimum standstill period is 10 days only
if electronic communication is used. With
postal or other communication, the
period is 15 days.
Please see the separate note on the new
standstill procedure.
No prohibition on awarding contract after Automatic suspension of process. The
the standstill period, even if court contract cannot be awarded if court
proceedings in progress. proceedings have been served.
After contract award, damages are the New remedy of contract ineffectiveness
only remedy. for some breaches.
New remedy of contract curtailment
(shortening of term) for some breaches.
No monetary sanction regime. The court may impose fines for some
breaches.
Damages. No change.
Time limits for bringing court For ineffectiveness, the time limits are 30
proceedings: "promptly" and (generally) days or 6 months, depending on whether
3 months. contract award is published.
The "promptly" requirement has been
clarified as never being less than 10 days
(or 15 days) from communication.
Complaint to the EU Commission. No change.
This note is by its nature a summary only, and is not legal advice.