Built Intelligence

EU Remedies Directives - Managing and Mitigating Procurement Risk

EU Remedies Directives - Managing and Mitigating Procurement Risk

Challenges to procurement decisions are increasingly common and can have significant consequences. Recognising procurement risk and how it can be managed and mitigated is therefore essential. This learning path of four courses will walk you through the current legal framework for bringing and defending challenges to procurement decisions, the different types of challenge, applicable timescales, remedies and consequences; and how to identify key risk areas in the procurement life-cycle and ways of implementing effective risk management and mitigation strategies to address these.

The topics covered by this learning path include:
Part 1 - How to manage your procurement process to minimise risk: Learn how to 1) apply basic principles of EU procurement law; 2) identify key risk areas and common grounds for challenge; 3) apply quick wins in risk mitigation and management; and 4) comply with standstill and debriefing obligations.

Part 2 Understanding the current legal framework for procurement challenges: Understand: 1) who can challenge; 2) key timescales for challenge; 3) how challenges can be brought; 4) effective management of informal and formal challenges; and 5) how to deal with requests for information under the Freedom of Information Act 2000.

Part 3 Recognising the distinction between pre and post-contractual remedies: Learn about: 1) how an automatic suspension is triggered and the factors considered in an application to lift; 2) when other forms of interim relief may be available; 3) the grounds for contract ineffectiveness and how to de-risk and mitigate its consequences; 4) additional and alternative penalties to ineffectiveness; and 5) assessment of damages, costs and other consequences.

Part 4 Understanding other potential sources and types of challenge: Understand 1) the role of the European Commission and infraction proceedings; 2) the circumstances when the judicial review may be available, and 3) claims for implied tender contract and simple steps to avoid them.