A radical overhaul of the remedies available under the existing public procurement regime has been enforced in the form of the Public Contracts (Amendments) Regulations 2009 (SI2009/2992) which implement the Remedies Directive.
Its aim is to provide more effective solutions for companies which suffer as a result of breaches of the public procurement rules. The revised regulations target areas where potential bidders have previously been frustrated in their attempts to secure an open and fair tender process.
The most significant reform is that a contract that has already been entered into can be declared prospectively ineffective when certain breaches of the Public Contracts Regulations 2006 have occurred.
Other key changes include requiring more debrief information in the standstill letter and an automatic suspension of the tender procedure once proceedings are issued and served.
Is your organisation ready? A summary of suggested immediate action points is available here.
A more in-depth look at the implications of the directive and practical steps to deal with the changes are outlined in antitrust partner Simon Taylor's article in PLC Public Sector.