Remedies Directive - Mitigating procurement risk
At a Glance
EU Procurement ‚Äì Remedies Directive and managing and mitigating 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.¬†
About this course
Through this four module course and assessment you will:
‚ Gain an understanding of the current legal framework for bringing and defending challenges to procurement decisions;
‚ Learn about the different types of challenge, applicable timescales, remedies and consequences; and
‚ Learn 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 in each module include
‚ Module 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.
‚ Module 2 ‚Äì 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.
‚ Module 3 ‚Äì 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.
‚ Module 4 ‚Äì Understanding other potential sources and types of challenge: Understand 1) the role of the European Commission and infraction proceedings; 2) the circumstances when judicial review may be available; and 3) claims for implied tender contract and simple steps to avoid them.
Ruth Smith, Helen Prandy and Jenny Beresford-Jones of Mills & Reeve LLP