The next of our detailed posts on the Bill looks at changes for procurement challenges; time limits, remedies and increased transparency on contract award from the authorities. So, what is changing, and what impact might those changes have?
As discussed in our first detailed post, transparency is a key feature in the reforms and, in particular for challenges, driving efficiency in dispute management. However, many of the changes proposed in the Green Paper have not made their way into the drafting of the Bill – for example the original suggestion of a cap on damages. Further changes and rules in relation to procurement challenges / disputes will come by way of secondary legislation.
We've explained the key changes in the Bill below, along with our views on what impact these changes might have for bidders.
What is changing?
- Authorities will need to provide assessment summaries to bidders following the procurement decision and publish a contract award notice (CAN) Authorities will also have to publish a contract details notice shortly after entering into the contract, followed by publication of a copy of the contract.
- Standstill periods will now be for a period of 8 working days and a claim needs to be issued at court and notified to the authority before the end of that standstill period to get the benefit of the automatic suspension on contract award.
- A new, procurement specific, test for maintaining the automatic suspension is set out in the Bill.
Looking at these changes in more detail…
What impact do these changes have on bidders?
Partner, Head of Healthcare and Life Sciences Sector (Global), Head of Private Provider, Operations and Insurers, Commercial Disputes
United Kingdom
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