Response to the OGC’s 2nd Consultation on Implementing the New Remedies Directive

The purpose of the new Remedies Directive is to “ensure that effective and rapid remedies are available against decisions taken by contracting authorities and contracting entities”. The draft Regulation will implement, in the UK, one of the key objectives of the Directive, to secure an EU wide 10 day standstill period so that contract awards must be suspended pending challenge.

In a paper prepared by the OCA in response to the Office of Government Commerce’s 2nd Consultation on implementing the new Remedies Directive issued April 2009, we argue that:

• Clear notice must be given to candidates and tenderers “as soon as possible” when the authority is dealing with a Contract Award with at least 3 working days allowed between the receipt of information and the end of the standstill period;

• Consistent practice across different contracting authorities would help ensure that the reasons for a Contract Award when given strike the right balance between too much and too little information

• Disclosure to legal advisors for non-commercial purposes of the reasons for a Contract Award could be adopted to allow greater transparency without incurring the risk that commercially sensitive information will be disclosed, breaching confidentiality.

Download the full report here. 

Consultation page.